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UNITED STATES v. ALLEN

No. 79-1626.

629 F.2d 51 (1980)

UNITED STATES of America v. Avance R. ALLEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 27, 1980.

Attorney(s) appearing for the Case

David E. Schreiber, Washington, D. C. (Appointed by the Court), for appellant.

Thomas C. Hill, Asst. U. S. Atty., Washington, D. C., with whom Carl S. Rauh,* U. S. Atty., John A. Terry and David S. Krakoff, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before BAZELON, Senior Circuit Judge, TAMM, Circuit Judge, and MARKEY, Chief Judge of the United States Court of Customs and Patent Appeals.

Opinion for the Court filed by Chief Judge MARKEY.

Dissenting opinion filed by Senior Circuit Judge BAZELON.

MARKEY, Chief Judge:

Allen appeals his conviction, in the United States District Court for the District of Columbia, of possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a). We affirm.

BACKGROUND

Allen was arrested at 10:55 a. m. on December 20, 1978, for drinking in a public place in the District...

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