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UNITED STATES v. MORGAN

No. 77-1571.

581 F.2d 933 (1978)

UNITED STATES of America v. William D. MORGAN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 1978.

Attorney(s) appearing for the Case

Tom M. Schaumberg, Washington, D. C. (appointed by this Court), for appellant.

Regina C. McGranery, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before BAZELON, McGOWAN and MacKINNON, Circuit Judges.

Opinion for the Court filed by Circuit Judge BAZELON.

Concurring opinion filed by Circuit Judge MacKINNON.

BAZELON, Circuit Judge:

Appellant, William Morgan, was found guilty by a jury of possessing phenmetrazine with intent to distribute in violation of 21 U.S.C. § 841(a) (1970). We agree with his contention that the trial judge erred in excluding certain evidence from the jury.

I

On January 6, 1977, officers of the Metropolitan...

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