Banks v. United States

ROGERS, Associate Judge:

Appellant Kenneth Banks appeals his convictions in a trial by the court of three counts of unlawful distribution of cocaine and one count of unlawful distribution of heroin. D.C.Code § 33-541(a)(l) (1985 Supp.). He contends the trial judge abused his discretion in denying the motion for a mistrial because of judicial partiality, and in refusing to hear at the time of sentencing Banks’ proffer of eligibility for sentencing under the addict exception of D.C.Code § 33-541(c)(2) (1985 Supp.) because at trial Banks had denied distributing heroin. 1 We hold that although the…