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UNITED STATES v. CARTER

No. 76-1886.

549 F.2d 1164 (1977)

UNITED STATES of America, Appellee, v. Edgar CARTER, a/k/a Charlie Brown, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 22, 1977.

Certiorari Denied April 18, 1977.

Attorney(s) appearing for the Case

Thomas M. Bradshaw, Asst. Federal Public Defender, Kansas City, Mo., for appellant.

Bert C. Hurn, U.S. Atty., and Stephen L. Hill, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before LAY, BRIGHT and WEBSTER, Circuit Judges.

PER CURIAM.

Edgar Carter appeals from the district court's* denial of his motion brought pursuant to Fed.R.Cr.P. 33 for a new trial on the ground of newly discovered evidence.

In 1973, Carter was indicted on two counts of distributing heroin in violation of 21 U.S.C. § 841(a)(1). His trial ended in a mistrial when the jury was unable to reach a unanimous verdict. Thereafter, Carter was retried and convicted on both counts...

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