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RIVERA v. U.S.

Nos. 05-CF-1418, 06-CO-928.

941 A.2d 434 (2008)

Israel RIVERA, Appellant v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 31, 2008.

Attorney(s) appearing for the Case

M. Azhar Khan, for appellant.

Allison L. Barlotta, Assistant United States Attorney, with whom Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese III, Tejpal S. Chawla, and James S. Sweeney, Assistant United States Attorneys, were on the brief, for appellee.

Before WASHINGTON, Chief Judge, and REID and THOMPSON, Associate Judges.

REID, Associate Judge:

A jury convicted appellant, Israel Rivera, on the charge of assaulting, resisting or interfering with a police officer with a dangerous weapon (belt with buckle), in violation of D.C.Code § 22-405(b) (2001). Subsequently, he filed a motion to vacate his sentence on the grounds of ineffective assistance of counsel. He claims that the trial court erred by (1) telling the jury "to be cautious" in handling the belt; (2) denying his motion for...

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