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U.S. v. MICHAEL

No. 92-3108.

10 F.3d 838 (1993)

UNITED STATES of America v. Dennis MICHAEL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 3, 1993.

Attorney(s) appearing for the Case

Beth S. Brinkman, Assistant Federal Public Defender, Washington, DC, argued the cause for appellant. With her on the briefs were A.J. Kramer, Federal Public Defender and Michael C. Wallace, Sr., Asst. Federal Public Defender, Neil Jaffee, Asst. Federal Public Defender, entered an appearance.

Mary-Patrice Brown, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. On the brief for appellee were Jay B. Stephens, U.S. Atty. at the time the brief was filed, John R. Fisher, Robert C. Little and Linda L. Mullen, Asst. U.S. Attys.

Before: SILBERMAN, BUCKLEY and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

ON APPELLANT'S PETITION FOR REHEARING

STEPHEN F. WILLIAMS, Circuit Judge:

Dennis Michael was arrested when the police uncovered a 26.75 gram object in his sock during a consensual search of his person. Later testing revealed the presence of cocaine base. He was indicted on one count of violating 21 U.S.C. §§ 841(a) and 841(b)(1)(B)(iii), for possession with intent to distribute...

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