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U.S. v. DEAVAULT

No. 98-3992.

190 F.3d 926 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Donald DEAVAULT, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1999.

Attorney(s) appearing for the Case

Richard L. Poehling, Asst. U.S. Atty., St. Louis, MO, argued, for Plaintiff-Appellee.

Kevin C. Curran, St. Louis, MO, argued, for Defendant-Appellant.

Before LOKEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and WATERS, District Judge.

LOKEN, Circuit Judge.

Donald Deavault appeals his conviction for carjacking and use of a firearm in relation to a crime of violence in violation of 18 U.S.C. §§ 2119(a) and 924(c)(1). Deavault argues there was insufficient evidence to convict, the district court1 abused its discretion by denying his post-trial motion for a new trial based upon newly discovered evidence the government had improperly withheld, and the court erred...

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