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UNITED STATES v. SIMMONS

No. 78-2064.

663 F.2d 107 (1979)

UNITED STATES of America v. David L. SIMMONS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 1979.

Attorney(s) appearing for the Case

Lois E. Bruckner, Washington, D. C., (appointed by this Court) for appellant.

H. Lowell Brown, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Peter E. George and Charles J. Harkins, Jr., Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

F. Joseph Warin, Asst. U. S. Atty., Washington, D. C., entered an appearance for appellee.

Before ROBINSON and MacKINNON, Circuit Judges, and HAROLD H. GREENE, United States District Judge, United States District Court for the District of Columbia.

Opinion PER CURIAM.

PER CURIAM:

Appellant David L. Simmons was found guilty on one count of the unlawful distribution of heroin in violation of 21 U.S.C. § 841(a). He had previously been convicted in 1970 and 1975 of narcotics violations and the court on the instant conviction sentenced him under 18 U.S.C. § 4205(b)(2) to three years imprisonment to be followed by a six year special parole term; and had previously been denied release pending appeal...

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