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U.S. v. FOSTER

No. 05-3201.

557 F.3d 650 (2009)

UNITED STATES of America, Appellee v. James T. FOSTER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 2009.

Attorney(s) appearing for the Case

Sandra G. Roland, Assistant Federal Public Defender, argued the cause for the appellant. A.J. Kramer, Federal Public Defender, was on brief. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.

Christopher R. Kavanaugh, Assistant United States Attorney, argued the cause for the appellee. Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese III, Elizabeth Trosman, and Patricia Stewart, Assistant United States Attorneys, were on brief.

Opinion for the Court by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

James Foster was convicted of one count of unlawful distribution of cocaine and one count of possessing with intent to distribute (PWID) 50 grams or more of cocaine base. The district court sentenced Foster to 12 years' incarceration on each count to run concurrently. Foster appeals the judgment, arguing that the district court erred in denying his motion for a mistrial on the distribution count based on a government witness...

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