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UNITED STATES v. HAMILTON

No. 71-1148.

462 F.2d 1190 (1972)

UNITED STATES of America v. Azra HAMILTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 1972.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C., for appellant.

Mr. Daniel J. Bernstein, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and Philip L. Cohan, Asst. U. S. Attys., were on the brief, for appellee. Mr. Harold H. Titus, Jr., U. S. Atty., also entered an appearance for appellee.

Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.

McGOWAN, Circuit Judge:

This appeal presents a single question as to the reach of our holding in Watson v. United States, 141 U.S.App.D.C. 335, 347-350, 439 F.2d 442, 454-457 (1970). That holding was that the statutory exclusion, because of two or more prior felony convictions, from eligibility for consideration under Title II of the Narcotic Addict Rehabilitation Act of 1966 (18 U.S.C. §§ 4251-4255) of a defendant newly...

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