UNITED STATES v. LIPSCOMB

No. 81-1895.

702 F.2d 1049 (1983)

UNITED STATES of America, v. Michael A. LIPSCOMB, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Reargued October 27, 1982.

Decided March 11, 1983.

As Amended March 15, 1983.


Attorney(s) appearing for the Case

Steven H. Goldblatt, Washington, D.C. (appointed by this Court), with whom Samuel Dash, Washington, D.C., was on the brief, for appellant.

Marc B. Tucker, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Michael W. Farrell, and Robert B. Cornell, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee. Regina C. McGranery, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellee.

Before ROBINSON, Chief Judge, and WRIGHT, TAMM, MacKINNON, WILKEY, WALD, MIKVA, EDWARDS, GINSBURG, BORK and SCALIA, Circuit Judges.


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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