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U.S. v. CRUZ-PADILLA

No. 99-3794.

227 F.3d 1064 (2000)

UNITED STATES of America, Appellant, v. Alejandro CRUZ-PADILLA, also known as Roberto Barriga Tinoco, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 8, 2000.

Attorney(s) appearing for the Case

Peter E. Deegan, Assistant U.S. Attorney, Sioux City, Iowa, argued, for Appellant.

Francis J. Cosgrove, Sioux City, Iowa, argued, for Appellee.

Before McMILLIAN, FLOYD R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

McMILLIAN, Circuit Judge.

A jury convicted Alejandro Cruz-Padilla of three counts of possession with intent to distribute and conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), and 846. Following the verdict, the district court2 entered an order granting a new trial on the basis of improper prosecutorial statements made during closing arguments. The government appeals, arguing...

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