HOLLY v. UNITED STATES

Nos. 24142, 24144, 24145 and 71-1024.

464 F.2d 796 (1972)

John HOLLY, Appellant, v. UNITED STATES of America, Appellee. Michael C. McCLOUGH, Appellant, v. UNITED STATES of America, Appellee. Calvin JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1972.


Attorney(s) appearing for the Case

Mr. Peter R. Kolker, Washington, D. C., with whom Miss Marilyn Cohen, Washington, D. C., and Mr. Sanford Z. Berman, Riverdale, Md., were on the brief, for appellants in Nos. 24142, 24144, and 24145. Mr. Sol Rosen, Washington, D. C., entered an appearance for appellant in No. 24142. Miss Susan M. Chalker, Washington, D. C., entered an appearance for appellant in Nos. 24144 and 24145.

Mr. Carl W. Berueffy, Washington, D. C. (appointed by this court), for appellant in No. 71-1024.

Mr. Daniel E. Toomey, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and Gregory C. Brady, Asst. U. S. Attys., were on the brief for appellees in Nos. 24142, 24144, and 24145.

Mr. C. Madison Brewer, 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 E. King, Asst. U. S. Attys., were on the brief, for appellee in No. 71-1024.

Mr. Joel E. Hoffman, with whom Mr. Ralph J. Temple, Washington, D. C., was on the brief, for American Civil Liberties Union Fund as amicus curiae in Nos. 24142, 24144, and 24145.

Before BAZELON, Chief Judge, and McGOWAN and TAMM, Circuit Judges.


PER CURIAM:

The constitutionality of 22 D.C. Code § 1515(a) (1967) is challenged on these appeals by persons convicted thereunder.1 That statute provides in pertinent part as follows:

Whoever is found in . . . an establishment where . . . any narcotic drug is sold, administered, or dispensed without a license shall, if he knew it was such an establishment and if he is unable to give a good account of his presence in the establishment...

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