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BACKMAN v. UNITED STATES

No. 84-1520, 85-498.

516 A.2d 923 (1986)

David BACKMAN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 24, 1986.

Attorney(s) appearing for the Case

George A. Teitelbaum, Washington, D.C., appointed by the court, for appellant.

Mary Incontro, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell, and Keith A. O'Donnell, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before PRYOR, Chief Judge, and FERREN and ROGERS, Associate Judges.

PER CURIAM:

On July 31, 1984, appellant Backman pled guilty to possession with intent to distribute heroin. D.C.Code § 33-541(a)(1) (1986 Supp.).1 Pursuant to the mandatory minimum sentencing provision, id. § 33-541(c)(1), Backman was sentenced to a prison term of four to twelve years. Renewing the same argument he raised before the sentencing judge, Backman claims that, as a cocaine addict, he is eligible for waiver of...

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