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UNITED STATES v. MARSHALL

No. 90-3183.

935 F.2d 1298 (1991)

UNITED STATES of America, Appellee, v. Clarence R. MARSHALL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 1991.

Attorney(s) appearing for the Case

Mary E. Davis with whom Christopher M. Davis, (appointed by the court), was on the brief, Washington, D.C., for appellant.

Frederick W. Yette, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas C. Black and Sharon A. Sprague, Asst. U.S. Attys., were on the brief, Washington, D.C., for appellee.

Before SENTELLE, THOMAS and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

Clarence Marshall appeals his conviction on two narcotics charges asserting that the district court erred in (1) excluding transcripts of prior inconsistent statements by a police witness and refusing to instruct the jurors that those statements could be considered as substantive evidence and (2) denying Marshall's motion to dismiss the second count of a superseding indictment...

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