UNITED STATES v. BRUNER

Nos. 79-1769 to 79-1772, 79-1774, 79-1784, 79-1785 and 80-1773.

657 F.2d 1278 (1981)

UNITED STATES of America v. John W. BRUNER, aka Sweetmeat, Appellant. UNITED STATES of America v. Theresa LUCAS, aka Theresa Brooks, Appellant. UNITED STATES of America v. Thomas McCLOUD, aka Mr. Wonderful, Appellant. UNITED STATES of America v. Myrtle M. LYNCH, aka Sister, Appellant. UNITED STATES of America v. Milton BATTLE, Appellant. UNITED STATES of America v. Emma Jean WARD, Appellant. UNITED STATES of America v. Carl L. LYNCH, aka Cobby, Appellant. UNITED STATES of America v. Emma Jean WARD, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1981.

As Amended July 29, 1981.


Attorney(s) appearing for the Case

William H. Allen, Washington, D. C. (appointed by this Court) with whom David G. Levere, Washington, D. C., was on the brief for appellant, Carl Lynch in No. 79-1785.

Steven C. Roat* and Larry J. Ritchie, Washington, D. C. (appointed by this Court) for appellant, E. Ward in Nos. 79-1784 and 80-1773.

James H. Craddock, Washington, D. C. (appointed by this Court) for appellant, Battle in No. 79-1774.

Hamilton P. Fox, III, Washington, D. C. (appointed by this Court) for appellant, Bruner in No. 79-1769. Dennis M. O'Keefe, Washington, D. C., was on the brief for appellant, Bruner in No. 79-1769.

James Mitchell Jones, Washington, D. C. (appointed by this Court) for appellant, McCloud in No. 79-1771.

Diane Dildine, Washington, D. C. (appointed by this Court) for appellant, Lucas in No. 79-1770.

Michael S. Frisch, Washington, D. C. (appointed by this Court) for appellant, Myrtle Lynch in No. 79-1772.

H. Lowell Brown, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry and Charles J. Harkins, Jr., Asst. U. S. Attys., Washington, D. C., were on the brief for appellee. John J. McDermott and Benjamine B. Sendor, Asst. U. S. Attys., Washington, D. C., also entered appearances for appellee.

Before ROBINSON, Chief Judge, MacKINNON, Circuit Judge, and JUNE L. GREEN, United States District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Following a four-month jury trial1 on an indictment2 charging unlawful distribution of a controlled substance, interstate travel in aid of a racketeering enterprise, and conspiracy to distribute narcotic drugs, the seven appellants were convicted.3 Central

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