U.S. v. SMITH

No. 93-3179.

41 F.3d 1565 (1994)

UNITED STATES of America, Appellee, v. Frederick L. SMITH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1994.


Attorney(s) appearing for the Case

A.J. Kramer, Federal Public Defender, Washington, DC, argued the cause for appellant. On brief was Robert L. Tucker, Asst. Federal Public Defender, Washington, DC.

Linda I. Marks, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. On brief were Eric H. Holder, Jr., U.S. Atty., and John R. Fisher, Asst. U.S. Atty., Washington, DC.

Before WALD, SILBERMAN and HENDERSON.


Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Appellant Frederick Lee Smith seeks reversal of his narcotics convictions on the grounds that the trial court erroneously failed to instruct the jury on both "identification" and "mere presence" and that the prosecutor impermissibly commented on Smith's failure to testify. For the reasons set out below, we reject these contentions and affirm the appellant's convictions...

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