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| Piersall v. Winter, No. 04-5382,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 27, 2006, Decided
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Overview: Where a Navy Commander argued he should have been allowed to have a court-martial and thus, the Board for Correction of Naval Records should have reversed a non-judicial punishment as being issued without jurisdiction under 10 U.S.C.S. § 815(a), the district court had jurisdiction over the claim; it was not a challenge of a military court decision.
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| United States v. Alston-Graves, No. 04-3095,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 27, 2006, Decided
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Overview: Where the district court, prior to Booker, imposed a discretionary sentence on factual findings based on a preponderance of the evidence that fell within the statutory maximum and the USSG range, there was no unfair notice of potential punishment and her due process/ex post facto/Sixth Amendment Booker argument failed.
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| United States v. Boyd, No. 04-3142,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 27, 2006, Decided
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Overview: Although negative results of drug test were inadmissible under D.C. Code Ann. § 23-1303(d) to establish guilt, the error was harmless because other evidence of guilt for crack cocaine distribution was overwhelming where expert testimony showed that the 53 "chunks" of cocaine possessed by defendant was far more than one would carry for personal use.
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