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MILLER v. U.S.

No. 97-2651.

135 F.3d 1254 (1998)

Byron James MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1998.

Rehearing Denied April 3, 1998.

Attorney(s) appearing for the Case

Philip M. Horwitz, St. Louis, MO, argued, for Appellant.

Antoinette Decker, Asst. U.S. Atty., St. Louis, MO, argued, for Appellee.

Before LOKEN and MURPHY, Circuit Judges, and KYLE, District Judge.

MURPHY, Circuit Judge.

Miller was convicted by a jury of conspiracy to possess with intent to distribute crack cocaine in violation of 21 U.S.C. § 846 and possession with intent to distribute more than 500 grams of cocaine in violation of 21 U.S.C. § 841(a)(1). He was sentenced by the district court2 to 292 months in prison. Miller seeks a new trial on appeal because of the denial of his motion for a mistrial, restriction of...

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