No. 74-1157.

514 F.2d 1331 (1975)

UNITED STATES of America v. Elmer JONES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1975.

Attorney(s) appearing for the Case

Frank F. Flegal, Washington, D. C. (appointed by this court), for appellant. Frederick E. Snyder* entered an appearance for appellant.

Donald A. Couvillon, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and David M. Bullock, Asst. U. S. Attys., were on the brief for appellee.

Before TAMM and MacKINNON, Circuit Judges, and MERHIGE, District Judge for the Eastern District of Virginia.

Opinion for the court filed by District Judge MERHIGE.

MERHIGE, District Judge:

Appellant Jones, whose guilt of the offenses of violating 21 U.S.C. § 841(a) by possessing with intent to distribute and by distributing phenmetrogine, a controlled substance, was sufficiently proved, seeks reversal of his convictions by reason of an alleged error on the part of the trial judge arising from what may be fairly described as a unique set of circumstances.

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