U.S. v. STEPHENSON

No. 05-CO-646.

891 A.2d 1076 (2006)

UNITED STATES, Appellant, v. Adrian STEPHENSON, Appellee.

District of Columbia Court of Appeals.

Decided February 9, 2006.


Attorney(s) appearing for the Case

Suzanne C. Nyland, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney, and Roy W. McLeese III, Elizabeth Trosman, and Alexandra F. Foster, Assistant United States Attorneys, were on the brief, for appellant.

Marvin Clemons, for appellee.

Before SCHWELB and FARRELL, Associate Judges, and BELSON, Senior Judge.


SCHWELB, Associate Judge:

On January 11, 2005, a grand jury indicted Adrian Stephenson for carrying a pistol without a license (CPWOL) and two related weapons offenses. On May 9, 2005, Stephenson's attorney moved the court, pursuant to Super. Ct.Crim. R. 48(b), to dismiss the indictment for lack of prosecution. The motion was based on the ground that the government had failed to secure the presence of Stephenson, who had been incarcerated in Prince George's County...

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