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U.S. v. PUMPHREY

Nos. 86-3059, 86-3060.

831 F.2d 307 (1987)

UNITED STATES of America v. Derrick A. PUMPHREY, Appellant. UNITED STATES of America v. Kevin A. STEVENS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1987.

Attorney(s) appearing for the Case

Stephen G. Milliken, Washington, D.C. (Appointed by this Court), for appellants.

Robert A. Feitel, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Betty Ann Soiefer, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before WALD, Chief Judge, MIKVA and EDWARDS, Circuit Judges.

PER CURIAM:

Derrick A. Pumphrey and Kevin A. Stevens appeal convictions for conspiracy under the Controlled Substances Act, 21 U.S.C. § 846, and for possession with intent to distribute phencyclidine (PCP), 21 U.S.C. § 841(a)(1); (b)(1)(B). We reject their main contention that § 846 requires proof of an overt act in addition to proof of a conspiracy. We also find no injury to appellants from the trial judge's failure, when submitting to the jury the...

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