UNITED STATES v. BROWN

No. 71-1755.

463 F.2d 949 (1972)

UNITED STATES of America v. Reginald T. BROWN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

April 12, 1972.


Attorney(s) appearing for the Case

Mr. Dorsey Evans, Washington, D. C. (appointed by this court) was on the brief for appellant.

Messrs. Harold H. Titus, Jr., U. S. Atty., and John A. Terry, Roger E. Zuckerman, and Miss Ruth R. Banks, Asst. U. S. Attys., were on the brief for appellee.

Before McGOWAN, LEVENTHAL and MacKINNON, Circuit Judges.


PER CURIAM:

The sole issue in this appeal from a narcotics conviction (26 U.S.C.4704(a)) is the propriety of the District Court's denial of appellant's motion to suppress heroin capsules found in his possession.

On June 9, 1970, Metropolitan Police Officer Elijah Wade, on patrol in an area in which he had frequently observed what appeared to be narcotics transactions, saw appellant and another man alternately occupying a telephone booth without using the telephone...

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