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U.S. v. HARLEY

No. 91-3067.

990 F.2d 1340 (1993)

UNITED STATES of America, Appellee, v. Gregory HARLEY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Allen E. Burns, Asst. Federal Public Defender, with whom A.J. Kramer, Federal Public Defender, was on the brief, for appellant.

William M. Sullivan, Jr., Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty. at the time the brief was filed, and John R. Fisher, Asst. U.S. Atty., were on the brief, for appellee.

Before BUCKLEY, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Appellant Gregory Harley was indicted on one count of possessing five or more grams of cocaine base with intent to distribute (count 1) and one count of possessing marijuana with intent to distribute (count 2). A jury convicted Harley on count 2 and on a lesser included offense of count 1, namely simple possession of cocaine base, and the district court sentenced...

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