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U.S. v. WHOIE

No. 90-3022.

925 F.2d 1481 (1991)

UNITED STATES of America v. Donald WHOIE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 1991.

Attorney(s) appearing for the Case

M. Roy Goldberg (appointed by the court), for appellant.

John W. Kern, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Helen M. Bollwerk, and Mark J. Carroll, Asst. U.S. Attys., were on the brief, for appellee.

Before BUCKLEY, WILLIAMS, and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge CLARENCE THOMAS.

CLARENCE THOMAS, Circuit Judge:

Donald Whoie was indicted on three counts of distributing cocaine base (crack), see 21 U.S.C. § 841(a), (b)(1)(A)(iii), (b)(1)(B)(iii), and six counts of using a telephone to facilitate his drug deals, see 21 U.S.C. § 843(b). Whoie insisted at trial that the government had entrapped him. The jury...

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