UNITED STATES of America
v.
Emanuel CLEMONS, Appellant.
UNITED STATES of America
v.
Archie BLYTHER, Jr., Appellant.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 18, 1969.
Decided November 20, 1970.
Petition for Rehearing Denied January 8, 1971.
Attorney(s) appearing for the Case
Mr. Gerald B. Greenwald, Washington, D. C. (appointed by this court), for appellant in No. 22,344.
Mr. Peter N. Lalos, Washington, D. C. (appointed by this court), for appellant in No. 22,345.
Mr. Robert C. Crimmins, Asst. U. S. Atty., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of the court, with whom Mr. David G. Bress, U. S. Atty. at the time the brief was filed, was on the brief, for appellee. Messrs. Thomas A. Flannery, U. S. Atty. and John A. Terry, Asst. U. S. Atty., also entered appearances for appellee.
Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON and ROBB, Circuit Judges, sitting en banc.
United States Court of Appeals, District of Columbia Circuit.
Petition for Rehearing in No. 22,345 Denied January 8, 1971.
SPOTTSWOOD W. ROBINSON, III, Circuit Judge:
This case is a sequel to our recent Marshall decision1 wherein we reasserted a procedural standard to be observed in connection with recidivist sentences under D.C. Code § 22-3204. Each appellant was indicted on a charge of carrying an unlicensed pistol in violation of Section 3204 and, at a joint trial, each was...
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