Thomas v. United States

I join in the court’s opinion affirming appellant’s conviction for distribution of cocaine. Where I part company with the majority, however, is with regard to its holding that “a government expert witness is not the appropriate person to provide the jury with the definition of ‘usable amount.’ ” Ante at 26. In my opinion, this holding conflicts with this court’s holding in Gray v. United States, 600 A.2d 367, 369 (D.C.1991), wherein we approved a virtually identical definition of usable amount, offered by a government expert witness, in a virtually identical factual context. Thus, because no…