United States v. Jerome F. Donelson, United States of America v. Andre Washington

SCALIA, Circuit Judge:

In the separate and unrelated prosecutions giving rise to these consolidated appeals, both appellants were charged, in the second count of two-count indictments, with possession of heroin, under D.C.Code § 33-502 (1981), punishable as a misdemeanor under D.C.Code § 33-524(a). Appellant Donelson was charged in the first count with the felony of possession of heroin with intent to distribute, 21 U.S.C. § 841(a)(1) (1976); as a result of plea negotiations, that count was dismissed and he pleaded guilty to the misdemeanor. Appellant Washington was charged in the first count…