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UNITED STATES v. ESSEX

No. 83-1169.

734 F.2d 832 (1984)

UNITED STATES of America v. Daphne W. ESSEX, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 1984.

Attorney(s) appearing for the Case

Ronald A. Goodbread, Washington, D.C. (appointed by this Court), for appellant.

John M. Facciola, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), Michael W. Farrell, John R. Fisher and William J. O'Malley, Jr., Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before WILKEY and WALD, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge MacKINNON.

Dissenting opinion filed by Circuit Judge WILKEY.

MacKINNON, Senior Circuit Judge:*

Appellant Daphne Essex appeals her conviction for possession of heroin with intent to distribute. 21 U.S.C. § 841(a). At the start of the trial, the defense stipulated to proceeding with a jury of 11 if it became necessary to do so. But a full jury heard all the evidence...

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