UNITED STATES v. FOSTER

Nos. 77-1954, 77-1955 and 77-1992.

584 F.2d 997 (1978)

UNITED STATES of America v. Cecil B. FOSTER, Appellant. UNITED STATES of America v. Alvin J. STAFFORD, a/k/a "Butch", Appellant. UNITED STATES of America v. James E. PRINCE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1978.

Rehearing Denied July 27, 1978.

Certiorari Denied December 4, 1978.


Attorney(s) appearing for the Case

Richard A. Wolff,* with whom Michael E. Geltner, New York City (appointed by this Court) and Larry J. Ritchie, Washington, D. C., were on the brief, for appellant, James E. Prince.

David E. Schreiber, Washington, D. C. (appointed by this Court), for appellant, Cecil B. Foster.

John C. Monahan, Rockville, Md., with whom Henry J. Monahan, Rockville, Md. (appointed by this Court) was on the brief, for appellant, Alvin J. Stafford.

Estelle D. Kumar, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, and James M. Hanny, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before DANAHER, Senior Circuit Judge, and TAMM and ROBB, Circuit Judges.


Opinion for the Court filed by DANAHER, Senior Circuit Judge.

DANAHER, Senior Circuit Judge:

Defendants Stafford, Foster, Prince and Hughes had been charged with the unlawful possession of dangerous and narcotic drugs in violation of 21 U.S.C. § 841(a) and 33 D.C.Code §§ 402 and 702. All defendants entered pleas of not guilty and filed motions to suppress certain evidence obtained as incidental to or growing out of their arrest. Following a...

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