Opinion

United States v. Raymond Moore

  • 486 F.2d 1139
  • 158 U.S. App. D.C. 375
Court
Court of Appeals for the D.C. Circuit
Filed
Oct 23, 1973
Status
Published
Author
Robb
On the bench
Leventhal, Bazelon, Wright, McGowan, Tamm, Lev-Enthal, Robinson, MacKinnon, Robb, Wilkey
Cited by
61 cases

concluding that the judgment in Powell rested on the overlap in the views of “four members of the Court” who held that Powell’s acts of public drunkenness “were punishable without question” and the view of Justice White that Powell’s acts “were punishable so long as the acts had not been proved to be the product of an established irresistible compulsion”

How later courts described this case

  • concluding that the judgment in Powell rested on the overlap in the views of “four members of the Court” who held that Powell’s acts of public drunkenness “were punishable without question” and the view of Justice White that Powell’s acts “were punishable so long as the acts had not been proved to be the product of an established irresistible compulsion”
  • noting that "there is definitely no Supreme Court holding" of addiction as a defense
  • rejecting the assertion that "punishment of addict possessors is neither a reasonable nor a necessary means to achieve [the] goal" of reconciling the need to eliminate drug traffic with the need to rehabilitate addicts
  • characterizing such an interpretation as "an amplification and extrapolation of the Supreme Court's interpretation of the Eighth Amendment advanced in the admittedly confused and divergent opinions in Robinson v. California and Powell v. Texas "

Written by the judges who cited it.

The opinion

ROBB, Circuit Judge

(concurring):

I concur in Judge Wilkey’s opinion and add a few words.

The doctrine espoused by the minority would license an addict to commit any criminal act — including the sale of drugs —that he considers necessary to support and maintain his habit. In my opinion neither the Constitution nor any statute requires that result, and I decline to bring it about by judicial legislation.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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