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U.S. v. GIBBS

Nos. 88-3158, 88-3181 to 88-3183.

904 F.2d 52 (1990)

UNITED STATES of America v. Ronald GIBBS, Appellant. UNITED STATES of America v. Bruce JOHNSON, a/k/a Willie Ruff, Appellant. UNITED STATES of America v. Randy Ray WHITEHEAD, Appellant. UNITED STATES of America v. Harold A. BENNETT, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1990.

Attorney(s) appearing for the Case

Barbara R. Miller, Washington, D.C., appointed by this court, for appellant in No. 88-3183.

Daniel M. Schember, Washington, D.C., appointed by this court, for appellant in No. 88-3158.

Michael A. Levin, with whom Gregory C. Denaro was on the brief, for appellant in No. 88-3181.

Warren E. Gorman, Chevy Chase, Md., was on the brief, for appellant in No. 88-3182.

John W. Kern, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Washington, D.C., John R. Fisher, Norman C. Bay, were on the brief, for appellee in all cases.

Before WALD, Chief Judge, MIKVA and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge MIKVA.

HARRY T. EDWARDS, Circuit Judge:

Appellants, Harold Bennett, Ronald Gibbs, Bruce Johnson, and Randy Whitehead, were each found guilty of possession with intent to distribute five grams or more of crack cocaine, following their arrest during which officers seized 15.5 grams of crack cocaine, firearms, and ammunition. Appellants raise several...

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