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McCLOUGH v. UNITED STATES

No. 84-850.

520 A.2d 285 (1987)

Michael C. McCLOUGH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 21, 1987.

Attorney(s) appearing for the Case

Reginia L. Jackson, Washington, D.C., appointed by this court, for appellant.

David A. Reisner and Gail M. Mooney also entered appearances for appellant.

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

John H. Suda, Acting Corp. Counsel, D.C., at the time the brief was filed, and Charles L. Reischel, Deputy Corp. Counsel, D.C., Appellate Div., Washington, D.C., were on brief for amicus curiae District of Columbia.

Before MACK, FERREN, and ROGERS, Associate Judges.

ROGERS, Associate Judge:

In this appeal, appellant Michael McClough, who has been convicted of possessing preludin with intent to distribute, contends that because D.C.Code § 1-205(b) (1981) is unconstitutional under Immigration and Naturalization Service v. Chadha, 462 U.S. 919, 103 S.Ct. 2764, 77 L.Ed.2d 317 (1983), his mandatory minimum sentence of twenty months to five years pursuant to § 33-541(a)(1) (1986 Supp...

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