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U.S. v. WEST

No. 93-3698.

28 F.3d 748 (1994)

UNITED STATES of America, Appellant, v. Matthew WEST, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 17, 1994.

Attorney(s) appearing for the Case

Steven M. Collaton, Asst. U.S. Atty., Cedar Rapids, IA, argued, for appellant.

Michael Irvine, Cedar Rapids, IA, argued, for appellee.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HANSEN, Circuit Judge.

MAGILL, Circuit Judge.

The government appeals the district court's grant of a new trial after a jury returned a guilty verdict against Matthew West for conspiracy to distribute and possess with intent to distribute lysergic acid diethylamide (LSD) in violation of 21 U.S.C. § 841(a)(1) (1988). The district court based its grant of a new trial on its independent discovery of a single jury instruction that it determined lowered the government's burden of proof....

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