United States v. William A. Raper, United States of America v. Eli B. Childs, Jr.

MacKINNON, Circuit Judge:

Appellants Eli B. Childs and William A. Raper were indicted in Count I charging possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a). The indictment on this count specifically cited and relied upon the aiding and abetting statute, 18 U.S.C. § 2. Count II charged unlawful possession of heroin in violation of D.C.Code § 33-402 and also relied upon the D.C. aiding and abetting statute, D.C.Code § 22-105 (1973). A jury trial concluded with verdicts of guilty against both appellants on the federal charge of possession with intent to distribute.…