United States v. Roger A. Melnick

OPINION OF THE COURT

This appeal challenges a final May 11, 1971, district court order dismissing a January 28, 1971, indictment charging in four counts possession and sale of narcotic drugs, in violation of 21 U.S.C. § 331 (q) (3) (A) and 21 U.S.C. § § 331(q) (3) (A) and 21 U.S.C. § 331 (q) (2), as well as aiding and abetting, on or about July 30, 1968, where defendants were arrested for such alleged federal crimes on July 31, 1968. 1

On December 20, 1971, subsequent to the district court order, the Supreme Court of the United States announced a decision which applied the Fifth and Sixth…