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UNITED STATES v. McDONALD

No. 71-1085.

481 F.2d 513 (1973)

UNITED STATES of America v. Dennis T. McDONALD, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1973.

Attorney(s) appearing for the Case

J. Roy Thompson, Jr., Washington, D. C. (appointed by this Court), for appellant.

Leonard W. Belter, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and David C. Woll, Asst. U. S. Attys., were on the brief for appellee. Harold H. Titus, Jr., U. S. Atty., also entered an appearance for appellee.

Marilyn Cohen and Robert M. Werdig, Jr., Washington, D. C., were on the brief as amicus curiae.

Before BAZELON, Chief Judge, WILKEY, Circuit Judge, and MATTHEWS, Senior District Judge for the United States District Court for the District of Columbia.

WILKEY, Circuit Judge:

On 13 November 1970 appellant was found guilty of robbery (22 D. C.Code § 2901), simple assault (22 D.C. Code § 502), and carrying a pistol without a license (22 D.C.Code § 3204). He was sentenced to 2-6 years for the robbery, 1 year for the assault, and 1 year for carrying the pistol, all sentences to run concurrently. At the time of his conviction, McDonald was twenty-two years old. The only contention meriting discussion on...

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