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UNITED STATES v. BLAND

No. 71-1761.

472 F.2d 1329 (1973)

UNITED STATES of America, Appellant, v. Jerome T. BLAND.

United States Court of Appeals, District of Columbia Circuit.

Decided September 6, 1972.

Rehearing Denied December 20, 1972.

As Amended June 18, 19, 1973.

Attorney(s) appearing for the Case

Miss Mary C. Lawton, Deputy Asst. Atty. Gen., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry, James E. Sharp, and Gregory C. Brady, Asst. U. S. Attys., were on the brief, for appellant. Mr. Harold H. Titus, Jr., present U. S. Atty., also entered an appearance for appellant.

Mr. Peter R. Kolker, Washington, D. C. (appointed by this court), for appellee.

Before WRIGHT and WILKEY, Circuit Judges, and RONALD N. DAVIES, U. S. Senior District Judge for the District of North Dakota.

WILKEY, Circuit Judge:

The United States as statutory appellant seeks review of a memorandum opinion and order of the United States District Court for the District of Columbia, holding 16 D.C.Code § 2301(3)(A) unconstitutional as (1) an arbitrary legislative classification and (2) a negation of the presumption of innocence.1 Section 2301(3)(A) provides:

The term "child" means an individual who is under 18 years of age, except...

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