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United States Court Cases

District Of Columbia Court Of Appeals Record

DAVID L. GASSAWAY V. UNITED STATES

Case Information: 06-CF-1262
Short Caption:DAVID L. GASSAWAY V. UNITED STATESClassification:Appeals - Criminal Felony - Drug Related
Superior Court or Agency Case Number:FEL6304-05Filed Date:10/12/2006

Opening Event Date:10/12/2006Case Status:Closed
Record Completed:04/19/2007Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:09/13/2007
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDavid L. Gassaway Y
Patrick T. HandYY
AppelleeUnited StatesN
Stratton C. Strand NN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
10/12/2006NOTICE OF APPEAL
11/08/2006 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Patrick T. Hand, Esquire, is hereby appointed to represent appellant in this appeal. It is FURTHER ORDERED that counsel for appellant shall immediately take the necessary steps to review the trial court record and to ensure that the transcripts necessary to the appeal have been ordered and shall, within 30 days from the date of this order complete and file with this court a single copy of the attached statement regarding the transcript ordered for this appeal. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting and Recording Division to forward said transcript(s) for inclusion in the record on appeal. (GP)
11/08/2006APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Patrick T. hand, Esquire
12/04/2006STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
04/19/2007RECORD INDEX
04/19/2007RECORD COPIES
04/19/2007SUPPLEMENTAL RECORD - #1 (161 pgs/Ronan) 6/19-20/06 proc.
04/19/2007SUPPLEMENTAL RECORD - #2 (162-434 pgs/Ronan) 6/21-22/06 proc.
04/19/2007RECORD COMPLETED
04/25/2007 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief and the limited appendix including the documents required by D.C. App. R. 30 (f), shall be filed within 40 days from the date of this order, and appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP)
06/04/2007APPELLANT'S BRIEF
06/04/2007APPENDIX
07/09/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/8/07. no oppo
07/11/2007 On consideration of appellee's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before August 8, 2007. (GP)
08/03/2007APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE
08/06/2007TMC - motion for sumamry summary affirmance
08/16/2007APPELLANT'S MOTION FOR LEAVE TO FILE AN OPPOSITION (no oppo)
08/16/2007RECEIVED - aplt's opposition to aple's motion for summary affirmance (dwm)
08/21/2007 ORDERED that appellant's MOTION FOR LEAVE is GRANTED and the Clerk SHALL FILE the appellant's LODGED OPPOSITION to appellee's motion for summary affirmance. It is *****MORE******
08/21/2007APPELLANT'S OPPOSITION to appellee's motion for summary affirmance
08/21/2007 FURTHER ORDERED that appellee's MOTION FOR SUMMARY AFFIRMANCE is GRANTED since the facts and law are both clear-cut and undisputed. See Oliver t. Carr Mgm't, Inc. v. Nat'l Delicatessen, Inc., 397 A.2d 914, 915 (D.C. 1979). The appellant cannot, as he must, see Downing v. U.S., 2007 D.C. App. LEXIS 461 (D.C. July 19, 2007), demonstrate plain error from the jury instructions. Specifically, since appellant was convicted of the general intent crime of unlawful distribution, see Webster v. U.S, 623 A.2d 1198 (D.C. 1993), and thejury was instructed that it might find him guilty as either an accomplice or a principal, and as the evidence was sufficient to convict him as a principal, it was not plain error to instruct thejury using thenatural and probable consequences language disapproved by this court's recent decisions in Wilson-Bey v. U.S., 903 A.2d 818 (D.C. 2006). Accordingly, it is *****MORE*****
08/21/2007 FURTHER ORDERED and ADJUDGED that the order on appeal be and HEREBY is AFFIRMED. (FARZTE)
09/13/2007MANDATE ISSUED