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SHABAZZ v. U.S.

No. 90-1266.

606 A.2d 191 (1992)

Dwight SHABAZZ, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 21, 1992.

Attorney(s) appearing for the Case

Donald R. Lumpkins, Washington, D.C., appointed by this court, was on the brief for appellant.

Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas J. Tourish, Jr. and Nancy E. Smith, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Before ROGERS, Chief Judge, and TERRY and STEADMAN, Associate Judges.

STEADMAN, Associate Judge:

Under the so-called "addict exception" to the District of Columbia's mandatory-minimum drug sentencing statute, D.C.Code § 33-541(c)(2) (1988), a defendant may be eligible for a lesser sentence if, among other prerequisites, he or she "has not been previously convicted in any jurisdiction in the United States for knowingly or intentionally ... distributing ... a controlled substance...." The appeal before us presents the issue whether...

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