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U.S. v. McKIE

No. 94-3130.

73 F.3d 1149 (1996)

UNITED STATES of America, Appellee, v. Bryan McKIE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 1996.

Attorney(s) appearing for the Case

A.J. Kramer, Washington, Federal Public Defender, argued the cause and filed the briefs, for appellant.

Molly A. Meegan, Assistant United States Attorney, argued the cause, for appellee, with whom Eric H. Holder, Jr., United States Attorney, John R. Fisher, Roy W. McLeese, III, and John M. Facciola, Assistant United States Attorneys, were on the brief. Thomas C. Black and Elizabeth Trosman, Washington, Assistant United States Attorneys, entered appearances.

Before WILLIAMS, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Appellant was indicted under 21 U.S.C. § 841(a) for "possession with intent to distribute a controlled substance." Following a one-day bench trial, the district court acquitted appellant of this crime, but convicted him under the third sentence of 21 U.S.C. § 844(a) for "possession of cocaine base," which, according to our later decision...

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