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U.S. v. DAVIS

No. 91-3046.

974 F.2d 182 (1992)

UNITED STATES of America v. Dexter Andre DAVIS, a/k/a Winston Richards, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 8, 1992.

As Amended October 28, 1992.

Rehearing and Rehearing Denied December 3, 1992.

Attorney(s) appearing for the Case

Allen H. Orenberg, Washington, D.C. (appointed by the Court), for appellant.

John R. Fisher, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and Wendy Wysong, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before EDWARDS, BUCKLEY, and SENTELLE, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 3, 1992.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

In late 1989, Dexter Davis ("Davis" or "appellant") was indicted for the unlawful possession of, and intent to distribute, cocaine. 21 U.S.C. § 841(a). Davis initially pled guilty but, later, withdrew the plea. His first trial ended in a hung jury, but a second trial was held and concluded with a guilty verdict...

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