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U.S. v. BURCH

Nos. 97-3032, 97-3157.

156 F.3d 1315 (1998)

UNITED STATES of America, Appellee, v. Larry D. BURCH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1998.

Attorney(s) appearing for the Case

Gary E. Guy, appointed by the Court, argued the cause and filed the briefs for appellant.

David B. Goodhand, Assistant United States Attorney, argued the cause for appellee, with whom Wilma A. Lewis, United States Attorney, John R. Fisher, Thomas J. Tourish, Jr., M. Evan Corcoran and Carolyn K. Kolben, Assistant United States Attorneys, were on the brief. Ann L. Rosenfield, Assistant United States Attorney, entered an appearance.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

WALD, Circuit Judge:

On December 6, 1995, a jury convicted Larry Burch ("Burch") of possession with intent to distribute more than 50 grams of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(iii) (1994), while acquitting him on a charge of conspiracy to distribute and to possess with intent to distribute cocaine base in violation of 21 U.S.C. § 846 (1994). While the defendant's direct appeal was pending, he petitioned for a writ...

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