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BURGESS v. UNITED STATES

No. 21745.

440 F.2d 226 (1970)

Cleveland BURGESS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 29, 1970.

Attorney(s) appearing for the Case

Mr. Steven R. Rivkin, Washington, D. C. (appointed by this Court) for appellant.

Mr. Robert C. Crimmins, 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. Mr. Julius A. Johnson, and Miss Carol Garfiel, Asst. U. S. Atty., at the time the record was filed, also entered appearances for appellee.

Before FAHY, Senior Circuit Judge, and ROBINSON and ROBB, Circuit Judges.

FAHY, Senior Circuit Judge:

Appellant was indicted and convicted on six counts charging violations of the narcotic laws. The first three counts grew out of three phases of a transaction involving heroin alleged to have been engaged in by appellant on March 22, 1967: (1) the sale, barter, exchange, and giving away of the drug not in pursuance of a written order;1 (2) its purchase, sale, dispensing, and distribution not in or from the original...

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