UNITED STATES v. WHITMORE

No. 72-1530.

480 F.2d 1154 (1973)

UNITED STATES of America v. Jonas WHITMORE, Jr., a/k/a Roscoe R. Jackson, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1973.


Attorney(s) appearing for the Case

John H. Caldwell, Washington, D. C. (appointed by this Court), for appellant.

Raymond Banoun, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Kenneth Michael Robinson, Asst. U. S. Attys., were on the brief, for appellee.

Before LEVENTHAL and ROBB, Circuit Judges, and WILLIAM J. JAMESON, Senior United States District Judge for the District of Montana.


ROBB, Circuit Judge:

The appellant and a co-defendant, one Darlene C. Wheeler, were convicted by a jury on an indictment charging them with unlawful possession with intent to distribute 10,585 milligrams of heroin, in violation of the Controlled Substances Act (21 U.S.C. § 841(a) (1972)). Both defendants appealed, but the defendant Wheeler did not prosecute her appeal.

On his appeal Whitmore contends that (1) the District Court erred in refusing to require...

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