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  5. 656 A.2d 1145 (1995)
 

U.S. v. WOODFOLK

Nos. 92-CO-460, 92-CM-756.

656 A.2d 1145 (1995)

UNITED STATES, Appellant and Cross-Appellee, v. Floyd C. WOODFOLK, Appellee and Cross-Appellant.

District of Columbia Court of Appeals.

Decided April 10, 1995.

Attorney(s) appearing for the Case

Elizabeth Trosman, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty. at the time the brief was filed, Eric H. Holder, Jr., U.S. Atty., and John R. Fisher, Robin C. Ashton, Sydney Hoffmann, John F. Cox and Helen M. Bollwerk, Asst. U.S. Attys., were on the brief, for appellant and cross-appellee.

James E. McLeod, appointed by the court, for appellee and cross-appellant.

Before STEADMAN, SCHWELB and FARRELL, Associate Judges.

STEADMAN, Associate Judge.

During a search of Floyd Woodfolk's home, police found a 9 mm semiautomatic Luger ("Tech 9") with a loaded magazine in a white plastic bag near Woodfolk's bedroom. In test-firing the gun to determine operability, it was discovered that the magazine found in the gun was defective in that it failed to properly feed bullets into the chamber of the gun; however, when a new properly functioning magazine was inserted, the gun readily fired multiple...

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