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UNITED STATES v. WHITFIELD

Nos. 79-2305, 79-2337.

629 F.2d 136 (1980)

UNITED STATES of America v. Clarence WHITFIELD, Appellant. UNITED STATES of America v. Norman B. MONROE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 1980.

Rehearing Denied August 7, 1980.

Attorney(s) appearing for the Case

David A. Levitt, Washington, D. C. (appointed by this court), for Clarence Whitfield.

George W. Mitchell, Washington, D. C., for Norman B. Monroe.

Harold Damelin, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry and Paul N. Murphy, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Barbara E. Liles and Barry M. Tapp, Asst. U. S. Attys., Washington, D. C., also entered appearances for appellee.

Before TAMM and ROBB, Circuit Judges, and GERHARD A. GESELL, United States District Judge for the District of Columbia.

Opinion for the court filed by Circuit Judge TAMM.

Opinion dissenting in part filed by District Judge GESELL.

TAMM, Circuit Judge:

After jury trial in the United States District Court for the District of Columbia, Appellants Clarence Whitfield and Norman B. Monroe were convicted of unlawful possession of firearms following a prior felony conviction. The appellants raise various arguments concerning the lawfulness...

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