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Antoine Rose A/K/A Virgil Johnson v. United States

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Argued May 22, 2012

Before BLACKBURNE-RIGSBY and BECKWITH, Associate Judges, and KING, Senior Judge.

Antoine Rose, a/k/a Virgil Johnson,*fn1 who was acquitted of distribution of phencyclidine (PCP), challenges his conviction for simple possession of PCP*fn2 on the ground that, because simple possession is not a lesser-included offense of distribution, the jury should not have been instructed that it could convict him of that offense. He also contends the evidence was insufficient to support the conviction. Maurice D. Calloway challenges his convictions for distribution of PCP,*fn3 one count of possession with intent to distribute PCP,*fn4 and possession of drug paraphernalia,*fn5 on the ground that the trial court erroneously denied his motion to suppress. We affirm all of the convictions.

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