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PERKINS v. UNITED STATES

No. 22135.

432 F.2d 612 (1970)

Dan PERKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 27, 1970.

Attorney(s) appearing for the Case

Mr. Stanley J. Krieger, Washington, D. C., (appointed by the court) for appellant.

Mr. Edwin K. Hall, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Messrs. David G. Bress, U. S. Atty., at the time the record was filed, and Roger E. Zuckerman, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and ROBB, Circuit Judge.

PER CURIAM:

The search and seizure challenged by the appellant were sustained by District Judge Youngdahl in a careful opinion, United States v. Perkins, 286 F.Supp. 259 (D.D.C. 1968). We agree with Judge Youngdahl, for the reasons stated in his opinion.

The appellant argues that his sentence was invalid because he was a narcotics addict. This claim is made for the first time on appeal and in any event there was no showing...

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