United States DC Circuit

Convictions of possessing with intent to distribute five grams or more of cocaine base, possessing with intent to distribute cannabis, assault with a dangerous weapon and possessing a firearm during the commission of a crime of violence, are affirmed over defendant's claims that: 1) all of his convictions should be reversed as the judge delivered a coercive anti-deadlock charge and communicated with the jurors during their deliberations (including giving the challenged deadlock instruction) while defendant was absent from the courtroom; and 2) evidence of the possession with intent to distribute more than five grams of cocaine base count was insufficient to establish that the substance he possessed was crack rather than some other form of cocaine base.

Appellate Information

• Argued 12/04/2007
• Decided 02/22/2008
• Published 02/22/2008

Judges

• Before:  HENDERSON, GARLAND and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Neil H. Jafee, Assistant Federal Public Defender, argued the cause for the appellant.  A.J. Kramer, Federal Public Defender, was on brief.


• For Appellees:
  
• Sarah T. Chasson, Assistant United States Attorney, argued the cause for the appellee.  Jeffrey A. Taylor, United States Attorney, and Elizabeth Trosman and Roy W. McLeese III, Assistant United States Attorneys, were on brief.