Nos. 08-CM-314, 08-CM-781.

26 A.3d 322 (2011)

Surur FATUMABAHIRTU and Shahzad Aslam, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 11, 2011.

Attorney(s) appearing for the Case

Jeffrey L. Light , Washington, DC, appointed by the court, for appellant Surur Fatumabahirtu.

Steven Kiersh , Washington, DC, appointed by the court, filed a brief, for appellant Shahzad Aslam.

Keith A. Becker , Assistant United States Attorney, with whom Channing D. Phillips , Acting United States Attorney at the time the brief was filed, and Roy W. McLeese III , and Elizabeth Trosman , Assistant United States Attorneys, were on the brief, for appellee.

Before OBERLY, Associate Judge, REID, Associate Judge, Retired, and STEADMAN, Senior Judge.

REID, Associate Judge, Retired:

These appeals involve a matter of first impression requiring an interpretation of a subsection of the District of Columbia Drug Paraphernalia Act of 1982 ("DPA"), D.C.Code § 48-1103(b) (2001).3 After the government gave notice of its intent to proceed on the lesser-included charge of "[a]ttempted [p]ossession of [d]rug [p]araphrenalia with [i]ntent to [s]ell" instead of the charged offense, the trial...


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