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U.S. v. SUMLER

Nos. 96-3159, 96-3160 and 96-3161.

136 F.3d 188 (1998)

UNITED STATES of America, Appellee, v. Calvin SUMLER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 10, 1998.

Attorney(s) appearing for the Case

Edward C. Sussman, Washington, DC, appointed by the court, argued the cause and filed the briefs for appellant Calvin Sumler.

Roberto Iraola, Washington, DC, appointed by the court, argued the cause for appellant Michael Jefferson, with whom Benjamin B. Klubes, Washington, DC, appointed by the court, was on the briefs.

William J. Garber, Fairfax, VA, appointed by the court, argued the cause and filed the briefs for appellant Gerald Smith.

Stuart G. Nash, Assistant United States Attorney, Washington, DC, argued the cause for appellee, with whom Mary Lou Leary, United States Attorney at the time the brief was filed, John R. Fisher, Michael L. Volkov, and James H. Dinan, Assistant United States Attorneys, Washington, DC, were on the brief.

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

SILBERMAN, Circuit Judge:

Appellants were convicted of first degree murder while armed, D.C.CODE §§ 22-2401, 3202 (1981), and killing in furtherance of a continuing criminal enterprise (CCE), 21 U.S.C. § 848(e)(1)(A) (1994). They contend that the imposition of cumulative sentences for these two offenses is improper because the federal murder convictions merge with the D.C.Code convictions. We affirm.

I.

Appellants belong to the so...

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