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U.S. v. THOMPSON

No. 92-3017.

994 F.2d 864 (1993)

UNITED STATES of America, Appellee, v. Patrick Anthony THOMPSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 1993.

Attorney(s) appearing for the Case

Peter H. Meyers, Salem, OR (appointed by this court) argued the cause, for appellant.

Thomas Tourish, Asst. U.S. Atty., argued the cause for appellee. On the brief were Jay B. Stephens, U.S. Atty. at the time the brief was filed, and John R. Fisher, Elizabeth Trossman, Kirby D. Behre and Margaret R. Batten, Asst. U.S. Attys., Washington, DC.

Before EDWARDS, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LECRAFT HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

Appellant Patrick A. Thompson was convicted by a jury of possessing with intent to distribute five or more grams of cocaine base (crack) and was sentenced to 110 months' imprisonment. Thompson appeals both his conviction, on the ground the judge erroneously refused to give a lesser included offense instruction, and his sentence, on the ground he was...

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