United States v. Charles Hannah, A/K/A June

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In United States v. Pierorazio, 578 F.2d 48 (3d Cir. 1978), we refused to adopt the rule of United States v. Leslie, 411 F.Supp. 215 (D.Del.1976); instead we determined that a facilitation conviction under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 843(b), was valid if there was “proof of an underlying inchoate crime, such as attempt or conspiracy under § 846.” 578 F.2d at 51.

This appeal by the government from a judgment n. o. v. requires us to decide whether a conviction of facilitation is possible where the…