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U.S. v. MORRIS

Nos. 86-3095, 87-3010.

836 F.2d 1371 (1988)

UNITED STATES of America v. Deborah E. MORRIS, Appellant. UNITED STATES of America v. Rufus S. McDOWNEY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 1988.

Attorney(s) appearing for the Case

Thomas Lumbard, (Appointed by this Court), for appellants.

Silvia L. Gonzalez, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., and Michael W. Farrell, Asst. U.S. Atty., were on the brief for appellee.

Before EDWARDS, SILBERMAN and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Defendants Deborah Morris and Rufus McDowney appeal from a judgment entered in the district court after a jury trial in which they were convicted of conspiring to distribute and possess with intent to distribute phencyclidine ("PCP") in violation of the Controlled Substances Act, 21 U.S.C. § 846 (1982). Because there was insufficient evidence for the jury to find an agreement...

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