No. 90-3081.

936 F.2d 1281 (1991)

UNITED STATES of America v. Perry J. DUKES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 1991.

Attorney(s) appearing for the Case

Ronny E. Jones, (appointed by the Court) for appellant.

David H. Baum, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher and Roy W. McLeese, III, Asst. U.S. Attys., were on the brief, for appellee.

Before EDWARDS, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Police officers saw Perry J. Dukes make what appeared to be a drug sale on October 2, 1989. As the officers approached him, Dukes threw a bag into a trash can. The officers arrested Dukes and recovered the bag, which contained 11.02 grams of crack cocaine. He was indicted for possession with intent to distribute more than five grams of cocaine base, an offense carrying a mandatory...

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