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Dan Perkins v. United States

432 F.2d 612, 139 U.S. App. D.C. 179, 1970 U.S. App. LEXIS 9044
Court of Appeals for the D.C. Circuit·Decided May 27, 1970·No. 22135_1·Published·Cited by 16 cases

Opinions

PER CURIAM:

The search and seizure challenged by the appellant were sustained by District Judge Youngdahl in a careful opinion, United States v. Perkins, 286 F. Supp. 259 (D.D.C. 1968). We agree with Judge Youngdahl, for the reasons stated in his opinion.

The appellant argues that his sentence was invalid because he was a narcotics addict. This claim is made for the first time on appeal and in any event there was no showing in the District Court that the appellant was an addict. In these circumstances we agree with the views expressed by Chief Judge Bazelon, concurring in part, in Hutcherson v. United States, 120 U.S.App.D.C. 274, 288, 345 F.2d 964, 978 (1965) that “we cannot consider these claims now since they were not advanced below and no evidence was offered to show that here possession was compelled by addiction.”

Affirmed.

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Dan Perkins v. United States, 432 F.2d 612, 139 U.S. App. D.C. 179, 1970 U.S. App. LEXIS 9044 (D.C. Cir. 1970).

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Dan Perkins v. United States
432 F.2d 612 (D.C. Circuit, 1970)