Reargued En Banc October 27, 1982.
Opinion for the Court filed by Circuit Judge WALD, in which Chief Judge ROBINSON, and Circuit Judges WRIGHT, TAMM, WILKEY, MIKVA, EDWARDS, GINSBURG, BORK and SCALIA concur.
Opinion concurring specially filed by Circuit Judge MacKINNON.
WALD, Circuit Judge:
A jury convicted Michael Lipscomb of possession of heroin with intent to distribute, and he now appeals. Lipscomb did not testify in his own defense; had...
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