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U.S. v. ROGERS

No. 90-3016.

918 F.2d 207 (1990)

UNITED STATES of America v. John Fitzgerald ROGERS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 1990.

Attorney(s) appearing for the Case

Daniel J. McGuan, Rockville, Md. (appointed by the court) for appellant.

Norman C. Bay, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Helen M. Bollwerk, and Merrick B. Garland, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before WALD, Chief Judge, and RUTH BADER GINSBURG and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge THOMAS.

CLARENCE THOMAS, Circuit Judge:

On July 14, 1989, police officers Tyrone McKelvy and Curt Sloan saw a group of men gathered near a wall behind 4226 Fourth Street, S.E., in Washington, D.C. John Fitzgerald Rogers sat on the wall with a gym bag beside him. Rogers and the others also saw the policemen. Someone said "get the bag"; Rogers grabbed it, ran towards the St. Thomas More School (about six hundred feet...

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