Albert Watson, Jr. v. United States

McGOWAN, Circuit Judge:

This appeal from a conviction for federal narcotics offenses was heard by the *444court en banc because it appeared to present important questions under Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962). These derived from the circumstance that appellant was undisputedly addicted to heroin, and the Government’s ease proved only that there was found in his possession 13 capsules — about one-half of his daily usage. Appellant raised in the District Court, and here, the issue of whether the Eighth Amendment, in the light of Robinson, barred his exposure…