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SMITH v. U.S.

No. 85-948.

549 A.2d 1119 (1988)

Kim E. SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 10, 1988.

Attorney(s) appearing for the Case

James G. McGuire, Ashland, Ky., for appellant.

Katherine A. Worthington, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty. at the time the brief was filed, and Michael W. Farrell and Sharon M. Collins, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN and STEADMAN, Associate Judges, and PRYOR, Senior Judge.

NEWMAN, Associate Judge:

Following a jury trial, Smith was convicted of one count of distributing phencyclidine (PCP); one count of distributing marijuana; one count of possession with intent to distribute PCP, and one count of possession with intent to distribute marijuana. He contends that a supplemental instruction deprived him of the Sixth Amendment guarantee of jury unanimity with respect to his two convictions of possession with intent to distribute. He does...

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