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U.S. v. GASTON

Nos. 02-3062 and 02-3063.

357 F.3d 77 (2004)

UNITED STATES of America, Appellee, v. James Isaac GASTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 13, 2004.

Attorney(s) appearing for the Case

Neil H. Jaffee, Assistant Federal Public Defender, argued the cause for appellant James Isaac Gaston. Paul H. Zukerberg argued the cause for appellant Jacqueline V. Shelton. With them on the briefs was A. J. Kramer, Federal Public Defender.

Lisa H. Schertler, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, John R. Fisher and Thomas J. Tourish, Jr., Assistant U.S. Attorneys.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge ROGERS.

RANDOLPH, Circuit Judge:

James I. Gaston and Jacqueline V. Shelton appeal their convictions for possessing heroin with intent to distribute it, and for possessing a firearm during a drug trafficking offense. Gaston also appeals his conviction for unlawful possession of a firearm by a felon. The issues deal...

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