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UNITED STATES v. AKERS

No. 82-1425.

702 F.2d 1145 (1983)

UNITED STATES of America v. Alan Ronnie AKERS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1983.

As Amended March 15, 1983.

Attorney(s) appearing for the Case

W. Edward Thompson, Washington, D.C., for appellant.

Wendy Bebie, Asst. U.S. Atty., with whom Stanley S. Harris, U.S. Atty., Michael W. Farrell, John R. Fisher and Deborah Robinson, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee. John A. Terry, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, also entered an appearance for appellee.

Before MacKINNON, MIKVA and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

Statement filed by Circuit Judge MIKVA concurring in the judgment.

MacKINNON, Circuit Judge:

Alan Ronnie Akers and John Henry Doughty were indicated for unlawful possession of a controlled substance (phenmetrazine) with intent to distribute, 21 U.S.C. § 841(a), and with possession of a dangerous drug (phenmetrazine), D.C.Code 33-702. When the jury was unable to reach a verdict, a mistrial...

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