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U.S. v. JOHNSON

No. 89-3107.

909 F.2d 1517 (1990)

UNITED STATES of America v. Maxcell A. JOHNSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 1990.

Attorney(s) appearing for the Case

Gregory Bruce English, Alexandria, Va., (appointed by this court), for appellant.

Arthur F. Norton, Jr., Atty., Dept. of Justice, with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before RUTH BADER GINSBURG, BUCKLEY, and WILLIAMS, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Maxcell Anthony Johnson was convicted on four counts of possessing phencyclidine ("PCP"), PCP-laced marijuana, marijuana, and cocaine, with intent to distribute them in violation of 21 U.S.C. § 841(a) (1988). After trial but before sentencing, Johnson moved to dismiss the count of the indictment involving the PCP-laced marijuana on the ground that that offense merged with the...

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