DIANE P. WOOD, Circuit Judge.
Wieslaw Mietus was tried along with two co-defendants on one count of conspiracy to distribute marijuana, in violation of 21 U.S.C. § 846, and one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1). The jury found the two co-defendants not guilty on the substantive count and failed to reach a verdict as to either of the co-defendants on the conspiracy count. Mietus was not so lucky...
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