U.S. v. NOVAK

No. 89-2064.

918 F.2d 107 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Theodore Martin NOVAK, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 1, 1990.


Attorney(s) appearing for the Case

Paul J. Kennedy, Albuquerque, N.M., for defendant-appellant.

David N. Williams, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SETH and LOGAN, Circuit Judges.


SETH, Circuit Judge.

Defendant-appellant Novak appeals from his conviction for possession with intent to distribute less than 500 grams of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). Defendant appeals two actions of the district court. He argues that the district court erred in denying his motion for a mistrial after the prosecutor in the government's case-in-chief failed to substantiate factual statements made during opening argument...

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