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ROSE v. U.S.

Nos. 11-CM-137, 11-CF-522.

49 A.3d 1252 (2012)

Antoine ROSE a/k/a Virgil Johnson and Maurice D. Calloway, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 16, 2012.

Attorney(s) appearing for the Case

Lisa D. Chanel for appellant Virgil Johnson.

Murray Kamionski for appellant Maurice D. Calloway.

John P. Gidez , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, Roy W. McLeese III , Assistant United States Attorney at the time the brief was filed, and Elizabeth Trosman , and Adrienne C. Dedjinou , Assistant United States Attorneys, were on the brief, for appellee.

Before BLACKBURNE-RIGSBY and BECKWITH, Associate Judges, and KING, Senior Judge.

KING, Senior Judge:

Antoine Rose, a/k/a Virgil Johnson,1 who was acquitted of distribution of phencyclidine (PCP), challenges his conviction for simple possession of PCP2 on the ground that, because simple possession is not a lesser-included offense of distribution, the jury should not have been instructed that it could convict him of that offense. He also contends the evidence was insufficient to support the...

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