United States v. Ernest M. Marshall

FAHY, Senior Circuit Judge:

Appellant was charged with carrying a pistol without a license in violation of D.C.Code § 22-3204 (1967). He was convicted by a jury and sentenced to imprisonment for a term of two to six years. He challenges both the admissibility of the pistol in evidence and the validity of the procedure at his sentencing. We affirm the conviction and explain our reasons in Part I of this opinion, which follows closely the proposed opinion on the merits prepared by Judge MacKinnon when the case was assigned to him initially. In Part II of the opinion we take up the sentence, the…