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UNITED STATES v. BURTON

No. 76-1839.

584 F.2d 485 (1978)

UNITED STATES of America v. Andrew F. BURTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1978.

Rehearing Denied August 24, 1978.

Attorney(s) appearing for the Case

Jacob A. Stein, Washington, D. C., for appellant.

James F. Hibey, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Jason D. Kogan, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before ROBINSON and MacKINNON, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the court filed by MacKINNON, Circuit Judge.

Dissenting opinion filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

MacKINNON, Circuit Judge:

On October 17, 1974 appellant Burton was charged with thirty-five counts of distributing a controlled substance in violation of 21 U.S.C. § 841(a).1 Seven counts were struck on the Government's motion, and a jury trial commenced on the remaining twenty-eight counts...

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