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U.S. v. ALLEN

No. 98-CO-1580.

755 A.2d 402 (2000)

UNITED STATES, Appellant, v. Darrian D. ALLEN, Appellee.

District of Columbia Court of Appeals.

Decided May 18, 2000.

Attorney(s) appearing for the Case

Florence Pan, Assistant United States Attorney, with whom Wilma A. Lewis, United States Attorney, John R. Fisher, Mary-Patrice Brown, and Lynn C. Holliday, Assistant United States Attorneys, were on the brief, for appellant.

Leslie B. Holt, Silver Springs, MD, appointed by the court, for appellee.

Sandra K. Levick, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for Public Defender Service, amicus curiae.

Before STEADMAN, RUIZ and REID, Associate Judges.

REID, Associate Judge:

Appellee Darrian D. Allen was convicted of the lesser included offense of possession of cocaine, a violation of D.C.Code § 33-541(d) (1998); but the jury did not reach a verdict on the greater offense with which he was charged, possession with intent to distribute cocaine, a violation of D.C.Code § 33-541(a)(1) (1998). After accepting the verdict on the lesser included offense, the trial judge instructed the jury to continue deliberations...

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