No. 00-3123.

259 F.3d 964 (2001)

United States of America, Plaintiff/Appellee, v. Gregory Lee Newton, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2001.

Rehearing and Rehearing Denied: September 20, 2001.

Attorney(s) appearing for the Case

Timothy McCarthy, argued, Des Moines, IA, for appellant.

Charles J. Williams, argued, Cedar Rapids, IA (Matthew J. Cole, on the brief), for appellee.

Before WOLLMAN, Chief Judge, HANSEN, Circuit Judge, and SCHREIER, District Judge.

Rehearing and Rehearing En Banc Denied: September 20, 2001.

SCHREIER, District Judge.

Gregory Lee Newton appeals his conviction for possession with intent to distribute more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine and his sentence as a career offender. Newton argues that the district court2 erred in denying Newton's motion to suppress evidence, when it admitted the surprise testimony...

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