No. 06-3130.

527 F.3d 170 (2008)

UNITED STATES of America, Appellee v. Lewis D. McCARSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 27, 2008.

Attorney(s) appearing for the Case

James W. Beane, Jr., appointed by the court, argued the cause and filed the brief for appellant.

Stratton C. Strand, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III and Thomas J. Tourish, Jr., Assistant U.S. Attorneys.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

A jury found Lewis McCarson guilty of being a felon in possession of a firearm, see 18 U.S.C. § 922(g)(1), and of possessing with the intent to distribute five grams or more of cocaine base, see 21 U.S.C. § 841(a)(1) & (b)(1)(B)(iii). He was acquitted of possessing a firearm during a drug-trafficking offense, see 18 U.S.C. § 924(c)(1), and of possessing with...

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