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UNITED STATES v. BAILEY

Nos. 73-1693, 73-1832.

505 F.2d 417 (1974)

UNITED STATES of America v. Joseph W. BAILEY, Appellant. UNITED STATES of America v. David SLOAN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 17, 1974.

Rehearing Denied November 14, 1974.

Certiorari Denied March 3, 1975.

Attorney(s) appearing for the Case

Frank F. Flegal, Washington, D. C. (appointed by this Court), for appellant in No. 73-1693. Donald A. Kaul, Washington, D. C. (appointed by this Court), with whom Alpheus E. Forsman, Washington, D. C., was on the brief, for appellant in No. 73-1832.

Joseph B. Valder, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and John J. Mulrooney, Asst. U. S. Attys., were on the brief for appellee.

Harold H. Titus, Jr., U. S. Atty. at the time the record was filed and Albert H. Turkus, Asst. U. S. Atty., also entered appearances for appellee in No. 73-1693.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.

Rehearing Denied in No. 73-1832 November 14, 1974.

Certiorari Denied March 3, 1975. See 95 S.Ct. 1350.

BAZELON, Chief Judge.

David Sloan and Joseph Bailey are appealing from a conviction for distributing heroin in violation of 21 U.S.C. § 841(a). Evidence developed at trial indicated that on February 3, 1972 appellants served as intermediaries in a sale of heroin between a government informer and a government agent on the one hand and a narcotics...

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