UNITED STATES v. WHEELER

No. 24554.

459 F.2d 1228 (1972)

UNITED STATES of America v. Mortimer R. WHEELER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 22, 1972.


Attorney(s) appearing for the Case

Mr. Matthew W. Black, Jr., Washington, D. C. (appointed by this court) for appellant.

Mr. John R. Dugan, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and Stephen W. Grafman, Asst. U. S. Attys., were on the brief, for appellee.

Before ROBINSON and MacKINNON, Circuit Judges, and GOURLEY, Senior District Judge for the Western District of Pennsylvania.


GOURLEY, Senior District Judge:

Appellant was indicted and convicted of narcotics offenses (26 U.S.C. § 4704(a) and 21 U.S.C. § 174) and for carrying a pistol without a license in violation of 22 D.C.Code § 3204. This appeal followed.

Appellant was initially arrested for driving without a proper permit and was advised of his rights. During a patdown at the scene of the arrest, five .38 caliber bullets were discovered. In response to a question...

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