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He subsequently served as the first law clerk of Judge David L. Bazelon of the United States Court of Appeals for the District of Columbia.
United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction.
Merrick B. Garland, judge for the United States Court of Appeals for the District of Columbia Circuit, 1974