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U.S. v. HARRIS

Nos. 89-3205 to 89-3207, 89-3217 and 89-3218.

959 F.2d 246 (1992)

UNITED STATES of America v. Lamar HARRIS, a/k/a Cheese, Appellant. UNITED STATES of America v. Gary WYCHE, a/k/a Gary Gunter, Drago, Appellant. UNITED STATES of America v. Donald JOHNSON, a/k/a Danny, Appellant. UNITED STATES of America v. Michael PALMER, a/k/a Knot, Tony, James, Appellant. UNITED STATES of America v. Richard A. SMITH, a/k/a Rich, Mo, Richmo, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1992.

As Amended April 3, 1992.

Attorney(s) appearing for the Case

Daniel Ellenbogen, Washington, D.C., for appellants in 89-3205, 89-3206, 89-3207, 89-3217 and 89-3218.

Mary E. Davis, Washington, D.C., (appointed by the Court), for appellant Richard A. Smith in 89-3218.

Ronald D. Maines, Washington, D.C., (appointed by the Court), for appellant Michael Palmer in 89-3217.

G. Godwin Oyewole, Washington, D.C., (appointed by the Court), for appellant Donald Johnson in 89-3207.

Robert E. Sanders, Washington, D.C., (appointed by the Court), for appellant Gary Wyche in 89-3206.

Dennis M. Hart, Washington, D.C., was on the joint brief, for appellant Lamar Harris in 89-3205.

Ralph J. Caccia, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher, Judith E. Retchin, Merrick B. Garland and Ann K.H. Simon, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee in all cases.

Before: RUTH BADER GINSBURG and SILBERMAN, Circuit Judges, and THOMAS, Circuit Justice.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Five defendants convicted on various charges relating to their drug distribution operations appeal their convictions and sentences. They raise a number of challenges to the conduct of the trial, to the jury instructions, and to the sentencing decisions. We reject all procedural challenges but find the objection to the jury instructions on one of the counts to be well-taken and reverse as to that count. We...

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