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BOYD v. UNITED STATES

Nos. 98-CF-862 and 00-CO-558

908 A.2d 39 (2006)

DANTE RICARDO BOYD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Argued May 10, 2005,

Decided September 28, 2006.

Attorney(s) appearing for the Case

Denise D. Green, appointed by the court, for appellant.

Roy W. McLeese III, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney at the time the brief was filed, and Chrisellen R. Kolb and Steven R. Kaufman, Assistant United States Attorneys, were on the brief, for appellee.*

Jaclyn S. Frankfurt, with whom James Klein and Samia Fam were on the brief, for the Public Defender Service, amicus curiae.

Before WASHINGTON, RUIZ, and SCHWELB,

SCHWELB, Senior Judge.

Dante Ricardo Boyd was convicted by a jury of first-degree murder, felony murder, kidnapping, attempted kidnapping, conspiracy, and related firearms offenses.1 On appeal, supported by the Public Defender Service (PDS) as amicus curiae, Boyd contends, inter alia:

1. that the government's prosecution of Boyd on the basis of a factual theory allegedly different from, and irreconcilable with, the...

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