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SCOTT v. UNITED STATES

No. 21016.

395 F.2d 619 (1968)

Steven V. SCOTT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 29, 1968.

Petition for Rehearing Denied June 18, 1968.

Attorney(s) appearing for the Case

Mr. Ira M. Lowe, Washington, D. C., for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Lawrence E. Shinnick, Asst. U. S. Atty., were on the brief, for appellee. Mr. Arthur L. Burnett, Asst. U. S. Atty., also entered an appearance for appellee.

Mr. Charles W. Petty, Jr. (appointed by this court as amicus curiae) Washington, D. C., filed a brief as amicus curiae.

Before EDGERTON, Senior Circuit Judge, and DANAHER and McGOWAN, Circuit Judges.

Petition for Rehearing En Banc Denied June 18, 1968.

PER CURIAM:

Appellant, arrested when found helplessly drunk in a public place, was found by the arresting officer to have a quantity of fertile marijuana seeds in his possession. He was charged under 33 D.C.Code § 402, which makes it unlawful "for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug * * *." When his case came...

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