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UNITED STATES v. JOHNSON

No. 23900.

442 F.2d 1239 (1971)

UNITED STATES of America, Appellant, v. Sheldon A. JOHNSON, Reginald Colbert.

United States Court of Appeals, District of Columbia Circuit.

Decided March 22, 1971.

Attorney(s) appearing for the Case

Mr. Richard A. Hibey, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry, Asst. U. S. Atty., and Terry P. Segal, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellant.

Mr. John Bodner, Jr., Washington, D. C., with whom Mr. Stanley J. Krieger, Washington, D. C. (both appointed by this court) was on the brief, for appellee Johnson.

Mr. Stanley Dietz, Washington, D. C. (appointed by this court) for appellee Colbert.

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

McGOWAN, Circuit Judge:

This is an appeal by the Government, authorized by Section 1301 of the Omnibus Crime Control and Safe Streets Act (82 Stat. 237, amending 18 U.S.C. § 3731), from a grant by the District Court of a pretrial motion to suppress evidence, in this case narcotics. Appellees were under indictment for violations of two federal narcotics statutes, 26 U.S.C. § 4704(a) and 21 U.S.C. § 174. Our reading of the testimony leads us to the conclusion...

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