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U.S. v. MOORE

No. 96-3009.

108 F.3d 270 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony G. MOORE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 26, 1997.

Attorney(s) appearing for the Case

Kurt P. Kerns, of the Law Offices of Leslie F. Hulnick, Wichita, KS, for Defendant-Appellant.

Debra L. Barnett, Assistant United States Attorney (Jackie N. Williams, United States Attorney with her on the brief), Wichita, KS, for Plaintiff-Appellee.

Before MURPHY, Circuit Judge, BARRETT and RONEY, Senior Circuit Judges.

RONEY, Senior Circuit Judge:

Appellant Anthony G. Moore appeals his convictions on multiple cocaine counts.1 He argues two grounds for a new trial, first, newly discovered exculpatory evidence, and second, the district court erroneously refused to give a requested lesser included offense instruction concerning simple possession. We affirm.

New Trial — Newly Discovered Evidence

The argument based on...

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