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UNITED STATES v. GATES

Nos. 85-5225, 85-5227.

807 F.2d 1075 (1986)

UNITED STATES of America v. George D. GATES, Appellant. UNITED STATES of America v. Daniel L. LAMPKINS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1986.

Attorney(s) appearing for the Case

Lois R. Goodman, Atlanta, Ga., (Appointed by this Court) for appellant, Gates, in No. 85-5225.

Ellen Pearlman, with whom Steven H. Goldblatt, Washington, D.C., (Appointed by this Court) was on the brief for appellant, Lampkins, in No. 85-5227.

Clemon W. Williams, Asst. U.S. Atty., for appellee. Joseph E. diGenova, U.S. Atty., Miachel W. Farrell, William J. O'Malley, Jr., and Ann K.H. Simon, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee in Nos. 85-5225 and 85-5227.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and LEIGHTON, Senior District Judge.

Opinion for the Court filed by Senior District Judge LEIGHTON.

LEIGHTON, Senior District Judge:

I

Appellants George D. Gates and Daniel L. Lampkins were jointly charged with four crimes against the federal narcotic laws, all arising from the discovery of a chemical laboratory in which phencyclidine ("PCP") was manufactured. A jury found them guilty on all counts of the indictment; and because Gates had a prior federal drug conviction, and Lampkins...

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