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UNITED STATES v. DONELSON

Nos. 81-2118, 82-1133.

695 F.2d 583 (1982)

UNITED STATES of America v. Jerome F. DONELSON, Appellant. UNITED STATES of America v. Andre WASHINGTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 1982.

Attorney(s) appearing for the Case

Bobby R. Burchfield, Washington, D.C. (appointed by this court) for appellants in Nos. 81-2118 and 82-1133.

Diane K. Dildine, Washington, D.C. (appointed by this court) was on the brief, for appellant in No. 82-1133.

Michael L. Rankin, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., John A. Terry, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed. E. Anne McKinsey and Daniel J. Bernstein, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee. Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellee.

Before TAMM, Circuit Judge, SCALIA, Circuit Judge, and GASCH, District Judge for the United States District Court for the District of Columbia.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

In the separate and unrelated prosecutions giving rise to these consolidated appeals, both appellants were charged, in the second count of two-count indictments, with possession of heroin, under D.C.Code § 33-502 (1981), punishable as a misdemeanor under D.C.Code § 33-524(a). Appellant Donelson was charged in the first count with the felony of possession of heroin with intent...

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