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JOHNSON v. U.S.

No. 84-1174.

513 A.2d 798 (1986)

Lorin JOHNSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 5, 1986.

Attorney(s) appearing for the Case

Dennis M. Hart, Washington, D.C., was on brief, for appellant.

James Klein and Jennifer P. Lyman, Public Defender Service, Washington, D.C., amicus curiae, filed a supplemental memorandum as requested by the court.

Joseph E. diGenova, U.S. Atty., Michael W. Farrell, Linda Turner Hamilton, and Thomas J. Tourish, Asst. U.S. Attys., Washington, D.C., were on brief and supplemental memorandum for appellee.

Before NEBEKER, ROGERS and STEADMAN, Associate Judges.

NEBEKER, Associate Judge:

This case presents the question of the adequacy of a criminal appellant's waiver of his right to appeal when the appellant moves to dismiss or withdraw an appeal.

Appellant Johnson was convicted by a jury of unlawful distribution of a controlled substance (phenmetrazine) in violation of D.C.Code § 33-541(a)(1) (1981). Judge Wertheim sentenced Johnson to a prison term of three to ten years to run concurrently with any other sentence...

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