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UNITED STATES v. SMITH

No. 75-1016.

520 F.2d 74 (1975)

UNITED STATES of America v. Louis D. SMITH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 1975.

Attorney(s) appearing for the Case

Gary Howard Simpson, Washington, D. C. (appointed by this Court), for appellant.

Bernard J. Panetta, II, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Stuart M. Gerson and John E. Drury, III, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and McGOWAN, Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge FAHY.

Concurring and dissenting opinion filed by Circuit Judge McGOWAN.

FAHY, Senior Circuit Judge:

Appellant was convicted at a non-jury trial on one count of possession with intent to distribute 309,620 milligrams of marijuana (21 U.S.C. § 841(a)), and on another count of possession of 33 tablets of phencyclidine (21 U.S.C. § 844(a)). He was found not guilty on a third count. His sentence...

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