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FLEMMING v. U.S.

Nos. 86-856, 86-864.

546 A.2d 1001 (1988)

Barry L. FLEMMING, Appellant, v. UNITED STATES, Appellee. Marvin BROWN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 29, 1988.

Attorney(s) appearing for the Case

David C. Gray, appointed by this court, for appellant Flemming.

Ellen Pearlman, Supervising Atty., with whom Steven H. Goldblatt, Director, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., Dori Bernstein, Supervising Atty., Lesley Anne Fair, Appellate Law Fellow, and Janis Brennan, John Monahan, and John Bickerman, Student Counsel, were on the brief, for appellant Brown.

Jody Goodman, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty. at the time the brief was filed, and Michael W. Farrell and William M. Jackson, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, TERRY and ROGERS, Associate Judges.

TERRY, Associate Judge:

Appellant Brown was convicted of distributing cocaine, and both appellants and a co-defendant, Marcus Thompson, were convicted of possession of cocaine with intent to distribute it, all in violation of D.C.Code § 33-541(a)(1) (1987 Supp.). While the jury was deliberating, the trial court excused one juror whose impartiality appeared to be in doubt and allowed the remaining eleven jurors, over objection, to return a verdict. In excusing...

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