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U.S. v. BROWN

No. 06-3067.

508 F.3d 1066 (2007)

UNITED STATES of America, Appellee v. Xavier Valentine BROWN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 27, 2007.

Attorney(s) appearing for the Case

Reita Pendry, appointed by the court, argued the cause and filed the briefs for appellant.

Leslie A. Gerardo, Assistant U.S. Attorney, argued the cause for appellee. On the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III, Mary McCord, and Elizabeth Gabriel, Assistant U.S. Attorneys.

Before: GINSBURG, Chief Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

Xavier V. Brown was convicted of one count of conspiracy to possess with intent to distribute and to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § 846. In this appeal, Brown claims that the prosecutor committed reversible errors by commenting on the fact that appellant did not testify in his own defense, using the guilty pleas of co-conspirators...

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