U.S. v. GUTIERREZ

No. 97-1591.

130 F.3d 330 (1997)

UNITED STATES of America, Appellee, v. Edward GUTIERREZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 26, 1997.


Attorney(s) appearing for the Case

Louis J. Nolan, Springfield, MO, argued, for Appellant.

Gregory K. Johnson, Springfield, MO, argued (Stephen L. Hill, Jr., United States Attorney, on the brief), for Appellee.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

A federal grand jury charged Edward Gutierrez with money laundering and with conspiracy to distribute cocaine and marijuana. After he failed to appear on the first day of trial, he was tried in absentia and was found guilty on four of the six counts with which he was charged. His counsel filed a motion for a new trial, claiming that the district court2 erred in trying Mr. Gutierrez in absentia...

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