United States v. Raymond Moore

LEVENTHAL, Circuit Judge; with whom McGOWAN, Circuit Judge,

concurs.

This is an appeal from convictions under 21 U.S.C. § 174, 26 U.S.C. § 4704(a), following a police raid on, and arrest of appellant Moore in, a hotel room being used for a heroin capping operation. The verdict was permitted to rest on evidence that Moore was in possession of heroin. Appellant’s contention is that he was improperly precluded from proffering as a defense that he was a heroin addict, without the power of self-control with respect to the drug.

The case was put en banc to consider matters not resolved in our en banc…