UNITED STATES v. FERSNER

Nos. 71-1179, 71-1572 and 71-1674.

465 F.2d 605 (1972)

UNITED STATES of America v. Israel FERSNER, Appellant. UNITED STATES of America v. Clifton D. McELVEEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 1972.

Rehearing Denied July 26, 1972.


Attorney(s) appearing for the Case

Mr. Joel I. Hoffman, Washington, D. C. (appointed by this Court), for appellant in No. 71-1179.

Mr. Raymond Banoun, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and Warren L. Miller, Asst. U. S. Attys., were on the brief for appellee in No. 71-1179. Mr. Harold H. Titus, Jr., present U. S. Atty., also entered an appearance for appellee in No. 71-1179.

Mr. Daniel G. Grove, Washington, D. C. (appointed by this Court), was on the brief for appellant in Nos. 71-1572 and 71-1674.

Messrs. Julian Tepper, Brooklyn, N. Y., and W. Anthony Fitch, Williamsburg, Va., were on the brief for National Law Office of the National Legal Aid and Defender Assn., as amicus curiae in support of appellant in No. 71-1572.

Messrs. Harold H. Titus, Jr., present U. S. Atty., and John A. Terry, Broughton M. Earnest, James E. Sharp, David C. Woll, and Charles E. Brookhart, Asst. U. S. Attys., were on the brief for appellee in Nos. 71-1572 and 71-1674. Mr. Thomas A. Flannery, U. S. Atty. at the time the record was filed, also entered an appearance for appellee in Nos. 71-1572 and 71-1674.

Before LEVENTHAL and ROBINSON, Circuit Judges, and JAMES F. GORDON, Chief Judge, U. S. District Court for the Western District of Kentucky.


No. 71-1179 Argued March 3, 1972.

Rehearing Denied July 26, 1972 in 71-1572 and 71-1674.

LEVENTHAL, Circuit Judge:

In these appeals we hold that the statutory exclusion of persons convicted of a violent crime from treatment under Title II of the Narcotics Addict Rehabilitation Act does not violate their constitutional rights to equal protection of the law.

The Narcotics Addict Rehabilitation Act of 1966 (NARA) was enacted to provide

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