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BYRD v. UNITED STATES

No. 84-1266.

510 A.2d 1035 (1986)

Samuel L. BYRD, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 11, 1986.

Attorney(s) appearing for the Case

James Klein, Public Defender Service, M. Shanara Gilbert, with whom Mark Carlin, Public Defender Service, Washington, D.C., was on brief, for appellant.

Ann K.H. Simon, Asst. U.S. Atty., Curtis E. Hall, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Thomas J. Tourish, Jr., Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Samuel L. Byrd, Jr., filed briefs, pro se.

Before PRYOR, Chief Judge, NEBEKER, MACK, NEWMAN, FERREN, BELSON, ROGERS, and STEADMAN, Associate Judges, and PAIR, Senior Judge.

BELSON, Associate Judge:

We granted appellant's petition for rehearing en banc to consider his contention that for a single killing he may not be convicted of, and receive concurrent sentences for, both first-degree felony murder while armed and first-degree premeditated murder while armed. The division which initially heard this appeal was convinced that appellant's position was correct, but affirmed both murder convictions because it was bound by precedent to do...

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