No. 97-3234.

140 F.3d 742 (1998)

UNITED STATES of America, Appellant, v. Excel WARREN, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 26, 1998.

Rehearing and Suggestion for Rehearing Denied May 28, 1998.

Attorney(s) appearing for the Case

Jana K. Harris, Asst.U.S.Attorney, Little Rock, AR, argued, for Appellant.

William Charles AcArthur, Little Rock, AR, argued, for Appellee.

Before BOWMAN, MORRIS SHEPPARD ARNOLD, Circuit Judges, and JONES, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 28, 1998.

JONES, District Judge.

The United States appeals from a final judgment entered in the District Court for the Eastern District of Arkansas granting the defendant, Excel Warren, a new trial on two drug charges on the basis of newly discovered evidence. Defendant was charged with conspiracy to distribute and possess with the intent to distribute cocaine, and attempting to possess with the intent...

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