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U.S. v. BROCKINGTON

No. 87-5600.

849 F.2d 872 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Kirk BROCKINGTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 1988.

Attorney(s) appearing for the Case

Beth M. Farber, Asst. Federal Public Defender (Fred Warren Bennett, Federal Public Defender, on brief) for defendant-appellant.

Katharine J. Armentrout, Asst. U.S. Atty. (Breckinridge L. Willcox, U.S. Atty.; Annabelle Lisic, Third Year Law Student, on brief) for plaintiff-appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

Kirk Brockington challenges his conviction by a jury on drug and firearm related charges. He makes two claims on appeal. First, that he was unfairly prejudiced by the prosecutor's reference in opening argument to evidence later held inadmissible. Second, that the district court's jury instruction relating to the charged violation of 18 U.S.C. § 924(c)(1), allowed the jury to convict...

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