United States v. Benjamin F. Harrison, (Two Cases)

MacKINNON, Circuit Judge:

Appellant Benjamin F. Harrison was indicted for possession of a controlled substance with intent to distribute (21 U.S.C. § 841(a)), and for possession of a narcotic drug (33 D.C.Code § 402). A jury found him guilty on the first count. The D.C. charge was subsequently dismissed. Harrison’s appeal contends that certain of the evidence admitted against him should have been suppressed and that he was improperly denied a new trial on “new evidence” discovered a year after his conviction. We find no merit in either of these claims and affirm the conviction.

I

At 11:00 p. m.…