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U.S. v. STEPHENS

Nos. 92-3050, 92-3073.

23 F.3d 553 (1994)

UNITED STATES of America v. James Milton STEPHENS, Appellant. UNITED STATES of America v. Tony Anthony McCRAY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 27, 1994.

Attorney(s) appearing for the Case

Edward C. Sussman (appointed by the Court), argued the cause and filed the brief, for appellant Stephens.

Cheryl D. Stein (appointed by the Court), argued the cause and filed the brief, for appellant McCray.

Mary B. Murphy, Asst. U.S. Atty., argued the cause, for appellee. With her on the brief were J. Ramsey Johnson, U.S. Atty. at the time the brief was filed, and John R. Fisher and Roy W. McLeese, III, Asst. U.S. Attys.

Before WALD, EDWARDS, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Appellants James M. Stephens and Tony Anthony McCray appeal from convictions of drug violations. We find no merit in Stephens's assignments of error and affirm his conviction for distribution of cocaine base within 1,000 feet of a school, 21 U.S.C. § 860(a) (1988). We agree with McCray that there was insufficient evidence to support a verdict on the element of intent in his...

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