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RIVAS v. U.S.

No. 97-CF-304.

783 A.2d 125 (2001)

Baltazar RIVAS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 23, 2001.

Attorney(s) appearing for the Case

Jaclyn S. Frankfurt, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant.

Mary Patrice Brown, Assistant United States Attorney, with whom Wilma A. Lewis, United States Attorney, and John R. Fisher, M. Jeffrey Beatrice, and Elizabeth H. Carroll, Assistant United States Attorneys, were on the brief, for appellee.

Before WAGNER, Chief Judge, and TERRY, STEADMAN, SCHWELB, FARRELL, RUIZ, REID, GLICKMAN and WASHINGTON, Associate Judges.

ON REHEARING EN BANC

GLICKMAN, Associate Judge.

Applying principles of constructive possession, a jury convicted appellant Baltazar Rivas and his codefendant Jose Melgar of possessing, with intent to distribute, cocaine found in plastic bags that lay between them in the console of a car in which Melgar was the driver and Rivas the front seat passenger. A division of this court affirmed both convictions in Rivas v. United States, 734...

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