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U.S. v. GOMEZ

No. 04-3063.

431 F.3d 818 (2005)

UNITED STATES of America, Appellee v. Rosemary E. GOMEZ, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 2005.

Attorney(s) appearing for the Case

Paul Y. Kiyonaga argued the cause and filed the briefs for appellant.

John P. Mannarino, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher, Assistant U.S. Attorney at the time the brief was filed, and Thomas J. Tourish, Jr., Assistant U.S. Attorney.

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

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

Rosemary Gomez was convicted of four counts involving distribution of, or possession with intent to distribute, cocaine base (in this case, crack cocaine), plus one count of failure to appear before a court as required by conditions of release, see 18 U.S.C. §§ 3146(a)(1) and 3146(b)(1)(A)(i). Under counts three and four, conviction—and the substantive...

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