I agree with your memo and would gladly join it if it should become an opinion of the Court. I also think, however, that there is another reason why this conviction cannot stand -- what Bill Brennan calls the "Stromberg ground of Sicurella." over the week-end I may try my hand at writing a few words on that subject.
Stewart, P. Correspondence from Stewart to Harlan, Clay v. United States, 403 U.S. 698 (1971). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.