U.S. v. JOHNSON

No. 93-3140.

28 F.3d 151 (1994)

UNITED STATES of America, Appellee, v. Reco Vondell JOHNSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1994.


Attorney(s) appearing for the Case

David A. Reiser, Sp. Litigation Counsel, Public Defender Service, Washington, DC, for the District of Columbia, argued the cause for appellant. With him on the briefs were A.J. Kramer, Federal Public Defender, James W. Klein, Chief, Appellate Div., Public Defender Service for the District of Columbia, and Leigh A. Kenny, Asst. Federal Public Defender.

James A. Meade, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. With him on the brief were Eric H. Holder, Jr., U.S. Atty., and John R. Fisher and Roy W. McLeese, III, Asst. U.S. Attys.

Elaine R. Jones and George H. Kendall, III, Washington, DC, were on the brief for amicus curiae NAACP Legal Defense and Educational Fund, Inc.

Before: WALD, SILBERMAN, and RANDOLPH, Circuit Judges.


Opinion for the court filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge WALD.

RANDOLPH, Circuit Judge:

Fulfilling his part of the bargain, Reco Vondell Johnson pled guilty to possession of 50 grams or more of cocaine base with intent to distribute (21 U.S.C. § 841(a)(1) & (b)(1)(A)(iii)).1 The statutory penalty for this crime, which Johnson committed when he was nineteen years old, is imprisonment...

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