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EVANS v. U.S.

No. 09-CO-1265.

987 A.2d 1138 (2010)

Alfred EVANS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 28, 2010.

Attorney(s) appearing for the Case

Elita C. Amato, Arlington, VA, for appellant.

Elizabeth H. Danello, Assistant United States Attorney, with whom Channing D. Phillips, Acting United States Attorney, and Roy W. McLeese III, Assistant United States Attorney, were on the brief, for appellee.

Before RUIZ and FISHER, Associate Judges, and NEWMAN, Senior Judge.

FISHER, Associate Judge:

Seeking to preclude his retrial for felony murder while armed, appellant filed a motion to dismiss based on the related doctrines of double jeopardy and collateral estoppel. The trial court denied the motion, and appellant took this interlocutory appeal. See Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). We affirm.

I. Factual and Procedural Background

In...

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