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MYERS v. U.S.

No. 10-CF-764.

56 A.3d 1148 (2012)

Michael MYERS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 6, 2012.

Attorney(s) appearing for the Case

Fleming Terrell , Public Defender Service, with whom James Klein and Alice Wang , Public Defender Service, were on the brief, for appellant.

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 Mary B. McCord and Amy C. Jaquette , Assistant United States Attorneys, were on the brief, for appellee.

Before GLICKMAN and OBERLY, Associate Judges, and BELSON, Senior Judge.

GLICKMAN, Associate Judge:

Michael Myers appeals his conviction for unlawful possession of a firearm by a convicted felon ("FIP"), in violation of D.C.Code § 22-4503(a)(2) (2009). He contends, and the government concedes, that the trial judge erred in responding to the jury's request for clarification of the mens rea element of the offense. We conclude that the error was preserved and not harmless, and that appellant therefore is

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