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UNITED STATES v. SIMMONS

No. 81-1319.

699 F.2d 1250 (1983)

UNITED STATES of America v. David L. SIMMONS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 1, 1983.

Attorney(s) appearing for the Case

A. Franklin Burgess, Jr., Washington, D.C., was on the brief for appellant.

Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., and Charles J. Harkins, Jr., Asst. U.S. Atty., Washington, D.C., were on the brief for appellee.

Before MacKINNON and EDWARDS, Circuit Judges, and ROBB, Senior Circuit Judge.

Following Remand of Record.

Opinion for the Court filed by Circuit Judge MacKINNON.

Dissenting opinion filed by Circuit Judge HARRY T. EDWARDS.

MacKINNON, Circuit Judge:

Simmons appeals his conviction on two drug counts, i.e., (1) unlawful distribution, and (2) unlawful possession of a controlled substance with intent to distribute. He contends that his convictions should be reversed because he was deprived of the favorable testimony of a witness...

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