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UNITED STATES v. LEWIS

No. 79-1275.

626 F.2d 940 (1980)

UNITED STATES of America v. David T. LEWIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 1980.

Attorney(s) appearing for the Case

William J. Garber, Washington, D. C., Court appointed counsel, for appellant.

Paul L. Knight, Asst. U. S. Atty., Washington, D. C., with whom Carl S. Rauh, U. S. Atty., John A. Terry and Lillian A. McEwen, Asst. U. S. Attys., Washington, D. C. were on the brief for appellee.

Before MacKINNON and WILKEY, Circuit Judges and GORDON, United States Senior District Judge for the Western District of Kentucky.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

In a four count indictment, Lewis was charged with multiple violations of the Controlled Substances Act, (84 Stat. 1242), 21 U.S.C. § 801 et seq. The First and Second Counts each alleged unlawful distribution of 2 tablets of phenmetrazine,1 in violation of 21 U.S.C. § 841(a),2 on March 28, 1978 and May...

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