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U.S. v. LaFUENTE

No. 91-3342.

991 F.2d 1406 (1993)

UNITED STATES of America, Appellee, v. Richard John LaFUENTE, also known as Ricky LaFuente, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 19, 1993.

Attorney(s) appearing for the Case

Jonathan T. Garaas, Fargo, ND, argued, for appellant.

Dennis D. Fisher, Asst. U.S. Atty., Fargo, ND, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN, Circuit Judge, and LARSON, Senior District Judge.

WOLLMAN, Circuit Judge.

Richard J. LaFuente appeals from the district court's denial of his motion for a new trial based on allegations of newly discovered evidence and prosecutorial misconduct. We vacate the district court's order and remand for an evidentiary hearing.

I.

This case comes before us for the sixth time in as many years. On August 28, 1983, Jerome Edward ("Eddie") Peltier was found dead on Highway 57 near Ski Jump Road on the Devils...

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