UNITED STATES v. JAMES

Nos. 84-5287, 84-5299.

764 F.2d 885 (1985)

UNITED STATES of America v. Jerry J. JAMES, Appellant. UNITED STATES of America v. Thomas K. JAMES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1985.


Attorney(s) appearing for the Case

William J. Garber, Washington, D.C. (appointed by this Court), for appellants in Nos. 84-5287 and 84-5299. David Carey Woll, Rockville, Md., was on the brief, for appellant in No. 84-5287.

John M. Facciola, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell, Thomas J. Tourish, Jr. and William J. O'Malley, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee in Nos. 84-5287 and 84-5299.

Before WALD, EDWARDS and BORK, Circuit Judges.


Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

On March 26, 1984, a jury found appellant Thomas K. James not guilty of possession with intent to distribute cocaine, marijuana, and phencyclidine ("PCP"), 21 U.S.C. §§ 841(a), 841(b)(5) (1982), but convicted him of the lesser-included offenses of possession of each of those drugs. 21 U.S.C. § 844(a) (1982). He was sentenced to consecutive sentences of one year on each of...

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