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UNITED STATES v. BRYANT

Nos. 23957, 24105.

448 F.2d 1182 (1971)

UNITED STATES of America v. Carlton E. BRYANT, Appellant. UNITED STATES of America v. William E. TURNER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1971.

Petition for Rehearing Denied September 24, 1971.

Attorney(s) appearing for the Case

Mr. Nicholas A. Addams, Washington, D. C., was on the pleadings for appellant in No. 23,957.

Mr. David Applestein, Washington, D.C. (appointed by this court), was on the pleadings for appellant in No. 24,105.

Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry and Brian W. Shaughnessy, Asst. U. S. Attys., were on the pleadings for appellee.

Before WRIGHT and McGOWAN, Circuit Judges, and JOHNSON, Chief Judge, United States District Court for the Middle District of Alabama.

PER CURIAM:

These cases are back in this court following a remand proceeding ordered in United States v. Bryant, 142 U.S.App. D.C. 132, 439 F.2d 642 (1971). The proceeding concerned the circumstances under which a tape recording of a narcotics transaction was "lost" by an agent of the Bureau of Narcotics and Dangerous Drugs. In Bryant, supra, we held that the tape was discoverable under the Jencks Act, Rule 16 of the...

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