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UNITED STATES v. RAPER

Nos. 81-1275, 81-1302.

676 F.2d 841 (1982)

UNITED STATES of America v. William A. RAPER, Appellant. UNITED STATES of America v. Eli B. CHILDS, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1982.

Attorney(s) appearing for the Case

Sally Katzen, Washington, D. C. (appointed by this Court), with whom Thomas F. Connell, Washington, D. C., was on the brief, for appellant Raper in No. 81-1275.

Fred C. Zacharias, Washington, D. C. (appointed by this Court), with whom William A. Dobrovir, Washington, D. C., was on the brief, for appellant Childs in No. 81-1302.

Sylvia Royce, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry, John R. Fisher and Robert B. Cornell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before MacKINNON, ROBB and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

Opinion concurring in part and dissenting in part filed by Circuit Judge HARRY T. EDWARDS.

MacKINNON, Circuit Judge:

Appellants Eli B. Childs and William A. Raper were indicted in Count I charging possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a). The indictment on this count specifically cited and relied upon the aiding and abetting statute, 18 U.S.C. §...

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