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U.S. v. HAMPTON

No. 10-3074.

718 F.3d 978 (2013)

UNITED STATES of America, Appellee v. Jerome HAMPTON, also known as Jay, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 2013.

Attorney(s) appearing for the Case

Christopher S. Rhee , appointed by the court, argued the cause for appellant. With him on the briefs were Isaac B. Rosenberg and Arthur Luk .

Suzanne Grealy Curt , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Roy W. McLeese III , Mary B. McCord , John K. Han , and Anthony Scarpelli , Assistant U.S. Attorneys. Elizabeth Trosman , Assistant U.S. Attorney, entered an appearance.

Concurring opinion filed by Circuit Judge BROWN.

RANDOLPH, Senior Circuit Judge:

A jury, after a retrial, convicted Jerome Hampton of conspiracy to distribute and to possess with intent to distribute phencyclidine (PCP). See 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(iv). The first trial, prosecuted against several alleged members of the conspiracy, ended in a mistrial for Hampton after the jury failed to reach a verdict with respect to him. Hampton argues that in his retrial the district court violated...

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