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DURHAM v. U.S.

No. 96-CF-743.

743 A.2d 196 (1999)

Alfred DURHAM, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 30, 1999.

Attorney(s) appearing for the Case

Robert O. Goff, for appellant.

L. Jackson Thomas, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney at the time the brief was filed, and John R. Fisher, Thomas C. Black, Richard J. Nelson, and Maureen Bailey, Assistant United States Attorneys, were on the brief, for appellee.

Before TERRY and RUIZ, Associate Judges, and LONG, Associate Judge, Superior Court of the District of Columbia.

LONG, Associate Judge:

Appellant raises two issues in his quest for a reversal of his convictions for distribution of cocaine (D.C.Code § 33-541(a)(1) (1993)) and possession with intent to distribute cocaine ("PWID") (D.C.Code § 33-541(a)(1) (1993)). One issue focuses upon the trial court's refusal to give a certain jury instruction that was based upon a novel "theory of the case." The other issue embraces a fact-bound dispute over the admissibility of certain...

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