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UNITED STATES v. LEWIS

Nos. 74-1445, 74-1764.

511 F.2d 798 (1975)

UNITED STATES of America v. Sylvester J. LEWIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1975.

Attorney(s) appearing for the Case

Ky. P. Ewing, Jr., Washington, D. C. (appointed by this court), for appellant.

Jeffrey T. Demerath, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Eugene M. Propper and Charles E. Wagner, Asst. U. S. Attys., were on the brief, for appellee.

Before J. EDWARD LUMBARD, Senior Circuit Judge for the Second Circuit, and McGOWAN and TAMM, Circuit Judges.

LUMBARD, Circuit Judge:

Appealing from his convictions for possession of metrazine and heroin with intent to distribute and for possession of marijuana,1 Sylvester J. Lewis seeks a new trial on the ground that the government should not have been permitted to impeach him at trial on the basis of a statement he allegedly made to an arresting officer, because defense counsel had been led to believe by the government's pretrial representations...

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