United States v. Rosenson

HEEBE, District Judge:

The fear expressed by Chief Justice Warren in his dissenting opinion in Grosso v. United States, 390 U.S. 62 (1968) at 84, 88 S.Ct. 709, 19 L.Ed.2d 906 is now a reality, although possibly in a different posture, 1 for we are here asked to upset a conviction on all three counts in an indictment charging the defendant with violating 18 U.S.C. § 1407. The defendant is a citizen of the United States and was convicted of attempted possession of narcotics under La.Stat.Ann. 14:27 (40: 962), the penalty for which is imprisonment for more than one year. Count I of the indictment…