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SIMMONS v. U.S.

Nos. 04-CF-214, 04-CF-254.

940 A.2d 1014 (2008)

Doc E. SIMMONS and Olivia B. Smallwood, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 24, 2008.

Attorney(s) appearing for the Case

Allie J. Sheffield for appellant Simmons.

Judith A. Lovelace for appellant Smallwood.

Thomas S. Rees, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney at the time the brief was filed, John R. Fisher, Assistant United States Attorney at the time the brief was filed, and Thomas J. Tourish, Jr., and Priscilla Carroll, Assistant United States Attorneys, were on the brief, for appellee.

Before REID and GLICKMAN, Associate Judges, and SCHWELB, Senior Judge.

GLICKMAN, Associate Judge:

Appellants Doc Simmons and Olivia Smallwood were tried together with a third co-defendant, Wally Smith, on charges of unlawful distribution of cocaine and unlawful possession with intent to distribute cocaine. The jury found Simmons guilty of distribution, not guilty of possession with intent to distribute, and guilty of the lesser included offense of simple possession of cocaine. Smallwood was convicted of distribution of cocaine. Smith...

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