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WATSON v. UNITED STATES

No. 21186.

439 F.2d 442 (1970)

Albert WATSON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Reargued June 25, 1969.

Decided July 15, 1970.

Attorney(s) appearing for the Case

Mr. Thomas G. Fisher, (appointed by this court) for appellant.

Mr. Philip Wilens, Atty., Department of Justice, of the bar of the Court of Appeals of New York, pro hac vice by special leave of court, for appellee. Messrs. David G. Bress, U. S. Atty. at the time the brief was filed, Albert W. Overby, Jr., Asst. U. S. Atty., and Harold H. Titus, Jr., now Principal Asst. U. S. Atty., were on the brief, for appellee. Messrs. Thomas A. Flannery, U. S. Atty., and Roger E. Zuckerman, Asst. U. S. Atty., also entered appearances for appellee.

Mr. Addison M. Bowman, for American Civil Liberties Union Fund as amicus curiae.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON and ROBB, Circuit Judges, sitting

Reargued En Banc June 25, 1969.

On Rehearing En Banc

McGOWAN, Circuit Judge:

This appeal from a conviction for federal narcotics offenses was heard by the court en banc because it appeared to present important questions under Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962). These derived from the circumstance that appellant was undisputedly...

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