HOLIDAY v. U.S.

Nos. 95-CF-1054, 95-CF-1390, 95-SP-1457 and 95-SP-1467.

683 A.2d 61 (1996)

Steven HOLIDAY, Appellant, v. UNITED STATES, Appellee. Jae Hoa PARK, Appellant, v. UNITED STATES, Appellee. UNITED STATES, Petitioner, v. The Honorable Mildred EDWARDS, Respondent, James H. Palmer, Real Party in Interest. UNITED STATES, Petitioner, v. The Honorable Mildred EDWARDS, Respondent, Frederick Burgess, Real Party in Interest.

District of Columbia Court of Appeals.

Decided July 30, 1996.


Attorney(s) appearing for the Case

Andrew D. Lipps, Washington, DC, appointed by this court, with whom Arthur S. Cheslock and William J. Mertens were on the brief, for appellant Holiday in No. 95-CF-1054.

John R. Fisher, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and Robert T. Swanson and Leslie A. Blackmon, Assistant United States Attorneys, were on the brief, for appellee in No. 95-CF-105.

Robert E. Morin, Washington, DC, with whom Gerald I. Fisher was on the brief, for appellant Park in No. 95-CF-1390.

John R. Fisher, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and G. Bradley Weinsheimer and Elizabeth H. Danello, Assistant United States Attorneys, were on the brief, for appellee in No. 95-CF-1390.

Christopher Warnock, Washington, DC, with whom Eleanor Frucci, Silver Springs, MD, was on the brief, for James H. Palmer, the real party in interest, in No. 95-SP-1457.

Adgie O'Bryant, Jr., filed an appearance on behalf of Frederick Burgess, the real party in interest, in No. 95-SP-1467.

John R. Fisher, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, was on the brief, for petitioner in No. 95-SP-1457 and 95-SP-1467.

Before FERREN, STEADMAN, and SCHWELB, Associate Judges.


FERREN, Associate Judge:

These consolidated cases present a common issue requiring interpretation of the 1995 statute that repealed mandatory-minimum sentences for certain nonviolent drug offenses. We must determine whether the mandatory-minimum sentencing provisions apply when the offense was committed before — but the defendant was sentenced after — the effective date of the repealing legislation. In addition, appellants Holiday and Park argue that...

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