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U.S. v. SPANN

Nos. 92-3012, 92-3098.

997 F.2d 1513 (1993)

UNITED STATES of America, Appellee, v. Derrick Trelayne SPANN, a/k/a Kalan Kurney, Derrick Thomas and Kalin Andre Spann, Appellant. UNITED STATES of America, Appellee, v. Horace Craig STEPHENS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 1993.

Attorney(s) appearing for the Case

Penny Marshal, Asst. Federal Public Defender, Washington, DC, argued the cause, for appellant Derrick Trelayne Spann. On brief, were A.J. Kramer, Public Defender, and James R. Holloway, Asst. Federal Public Defender, Washington, DC.

Joel F. Brenner, Washington, DC (appointed by this court) argued the cause, for appellant Horace Craig Stephens.

Peter H. White and Kenneth L. Wainstein, Asst. U.S. Attys., Washington, DC, argued the causes, for appellee. On brief, were Jay B. Stephens, U.S. Atty. at the time the briefs were filed, and John R. Fisher, Roy W. McLeese, III and David M. Zlotnick, Asst. U.S. Attys., Washington, DC.

Before WALD, HENDERSON and RANDOLPH, Circuit Judges.

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

Concurring opinion filed by Circuit Judge WALD.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Appellants Derrick Trelayne Spann and Horace Craig Stephens were convicted, in separate trials, of possessing with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(iii).1 Each appellant...

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