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U.S. v. BYFIELD

No. 90-3082.

928 F.2d 1163 (1991)

UNITED STATES of America, Appellant, v. Wayne BYFIELD, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1991.

Rehearing and Rehearing Denied May 30, 1991.

Attorney(s) appearing for the Case

Stevan E. Bunnell, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher and Roy W. McLeese, III, Washington, D.C., Asst. U.S. Attys., were on the brief, for appellant.

Jensen E. Barber, Washington, D.C., for appellee.

Before MIKVA, Chief Judge, D. H. GINSBURG and SENTELLE, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 30, 1991.

Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

After a jury found Wayne Byfield guilty on one count of possession with intent to distribute crack cocaine, the district court granted his motion for judgment of acquittal notwithstanding the verdict. See Memorandum Opinion (D.D.C. Feb. 16, 1990) (hereinafter "Mem. Op."). The trial judge concluded that there was insufficient...

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