UNITED STATES v. ATKINSON

Nos. 74-1034, 74-1035.

512 F.2d 1235 (1975)

UNITED STATES of America, Appellee, v. Molden ATKINSON and Jimmy Cicero Atkinson, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 1975.


Attorney(s) appearing for the Case

Robert N. Levin, Washington, D. C. (Silver, Freedman & Levin, Washington, D. C., John D. McConnell, Jr., and Broughton, Broughton, McConnell & Boxley, Raleigh, N. C., on brief), for appellants in both cases (Gene Braswell, Goldsboro, N. C., on brief for appellants in No. 74-1034; Herbert B. Hulse, Goldsboro, N. C. on brief for appellants in No. 74-1035).

Christine A. Witcover, Asst. U. S. Atty. (Thomas P. McNamara, U. S. Atty., and Joseph W. Dean, Asst. U. S. Atty., on brief), for the U. S.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WIDENER, Circuit Judge.


WIDENER, Circuit Judge:

The appellants, Molden and Jimmy Atkinson, whose cases were consolidated for trial, were convicted by a jury of both counts of a two count indictment1 for possession of heroin with intent to distribute and for distribution of heroin, both in violation of 21 U.S.C. § 841(a)(1).2 Jimmy Atkinson, a young adult offender, was committed to the...

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