UNITED STATES v. ROBINSON

No. 75-3905 Summary Calendar.

530 F.2d 677 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. James ROBINSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 21, 1976.


Attorney(s) appearing for the Case

John W. Coleman, Mobile, Ala., for defendant-appellant.

Charles S. White-Spunner, Jr., U.S. Atty., Edward J. Vulevich, Jr., Asst. U.S. Atty., Mobile, Ala., for plaintiff-appellee.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.


PER CURIAM:

Appellant Robinson was convicted by a jury of possession of heroin with intent to distribute, 21 U.S.C. § 841(a)(1). In this appeal, he argues that the trial court erred in proceeding with the trial after becoming aware that the defendant had taken heroin within two days prior to trial and as a result was under the influence of narcotics to such an extent that he continually fell asleep during the trial.

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