United States v. James Smothers, Jr.

The appellant was convicted upon four counts of the sale and one count of concealment of heroin. Prior to sentence, he petitioned the court for commitment under the provisions of the Narcotic Addicts Rehabilitation Act, 18 U.S.C. §§ 4251-4253 .

Acting pursuant to the provisions of § 4252, the trial court placed the appellant in the custody of the Attorney General for examination to determine whether he was an addict and was likely to be rehabilitated. The Attorney General subsequently reported affirmatively. Following the receipt of this report, the court, pursuant to § 4253, conducted a further hearing at which time a discussion took place in which the court indicated that it might commit the appellant as a narcotic offender but continued the matter for a week. At a subsequent hearing the court denied appellant a narcotic commitment on the ground that the appellant was not eligible under the provisions of the Act since the sales of narcotics of which he ''- was convicted were not made for the primary purpose of acquiring drugs for his own use. Instead, the court sentenced the appellant to eight years on each count and ordered them to run concurrently.

The appellant contends…