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FUNDERBURK v. UNITED STATES

No. 19-CF-110.

260 A.3d 652 (2021)

Mark FUNDERBURK, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 7, 2021.

Attorney(s) appearing for the Case

Stefanie Schneider , Public Defender Service, with whom Sarnia Fam , Public Defender Service, was on the brief, for appellant.

Daniel Honold , Assistant United States Attorney, with whom Michael R. Sherwin , Acting United States Attorney, and Elizabeth Trosman , John P. Mannarino , and Felice Roggen , Assistant United States Attorneys, were on the brief, for appellee.

Before Glickman and Thompson, Associate Judges, and Ruiz, Senior Judge.

Around 2:20 a.m. on December 20, 2017, two police officers heard gunshots and commotion coming from a nearby alley in a residential neighborhood. They encountered appellant in that same alley thirty seconds later. He was alone, but the officers were aware of a few other people not far behind him. The streets were otherwise...

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