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UNITED STATES v. PERRY

Nos. 83-1636, 83-1650.

731 F.2d 985 (1984)

UNITED STATES of America v. Diane T. PERRY, Appellant. UNITED STATES of America v. Donald LYNCH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 1984.

Attorney(s) appearing for the Case

W. Gary Kohlman (appointed by this court), Washington, D.C., for appellant in No. 83-1650.

William J. Garber (appointed by this court), Washington, D.C., for appellant in No. 83-1636.

Terence Joseph Keeney, Asst. U.S. Atty., Washington, D.C., for appellee. Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), Michael W. Farrell, Judith Hetherton, Douglas J. Behr and Thomas E. Zeno, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee in Nos. 83-1636 and 83-1650.

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

Opinion for the Court filed by Senior Circuit Judge MacKINNON.

MacKINNON, Senior Circuit Judge:

Appellants Diane Perry and Donald Lynch were indicted and tried together, and were convicted by a jury as charged. The indictment alleged two narcotics transactions arranged and witnessed by an undercover police officer — the first on or about September 27, 1982, the second on October 12, 1982. Appellant Perry was

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