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U.S. v. SMALL

No. 93-3161.

74 F.3d 1276 (1996)

UNITED STATES of America, Appellee, v. James SMALL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1996.

Attorney(s) appearing for the Case

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant, with whom A.J. Kramer, Federal Public Defender, was on the briefs.

Elizabeth H. Danello, Assistant United States Attorney, argued the cause for appellee, with whom Eric H. Holder, Jr., United States Attorney, John R. Fisher, Roy W. McLeese, III, and Kathleen M. O'Connor, Assistant United States Attorneys, were on the brief. Elizabeth Trosman, Assistant United States Attorney, entered an appearance.

Before: EDWARDS, Chief Judge, HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Appellant James Small appeals his conviction of possession of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a) (1988), on the grounds that: (1) the prosecutor's prejudicial references in opening and closing arguments to the jury about matters never put into evidence denied Small a fair trial; (2) the district court abused its discretion by denying a mistrial...

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