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U.S. v. DUNCAN

No. 97-41129.

164 F.3d 239 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Orville Ray DUNCAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 4, 1999.

Attorney(s) appearing for the Case

Kathleen A. Felton, U.S. Dept. of Justice, Criminal Div., App. Section, Washington, DC, for Plaintiff-Appellant.

Jack Gordon Kennedy, Aileen Rachelle Goldman, Kennedy, Minshew, Campbell & Morris, Sherman, TX, for Defendant-Appellee.

Before WISDOM, DAVIS and BARKSDALE, Circuit Judges.

WISDOM, Circuit Judge:

Orville Duncan was found guilty of misdemeanor witness tampering by a jury. The magistrate judge who presided over the trial granted a defense motion for judgment of acquittal. The government appealed to the district court, where the decision was affirmed. The government now appeals. We reverse and remand.

Background

Orville Ray Duncan was charged in a criminal information with one count of misdemeanor witness tampering in...

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