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UNITED STATES v. RAMSEY

Nos. 75-1275, 75-1276 and 75-1691.

538 F.2d 415 (1976)

UNITED STATES of America v. Charles W. RAMSEY, Appellant. UNITED STATES of America v. James W. KELLY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1976.

Certiorari Granted October 4, 1976.

Attorney(s) appearing for the Case

Allan M. Palmer, Washington, D.C., for appellant in Nos. 75-1275 and 75-1276.

Irving R. M. Panzer, Washington, D.C. (appointed by this court), for appellant in No. 75-1691.

John W. Polk, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry and Timothy J. Reardon III, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before McGOWAN, TAMM and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge McGOWAN.

Dissenting opinion filed by Circuit Judge ROBB.

McGOWAN, Circuit Judge:

Appellant Ramsey was convicted in the District Court on one count of unlawful importation of heroin (21 U.S.C. § 952(a) (1970)); three counts of unlawful use of a communication facility (21 U.S.C. § 843(b) (1970)); one count of possession of heroin with intent to distribute (21 U.S.C. § 841(a) (1970)); one count...

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