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U.S. v. VASQUEZ-GUTIERREZ

No. 02-3410.

335 F.3d 731 (2003)

UNITED STATES of America, Appellee, v. Alexandro VASQUEZ-GUTIERREZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2003.

Attorney(s) appearing for the Case

Charles H. Nadler, Cedar Rapids, IA, for appellant.

C.J. Williams, AUSA, Cedar Rapids, IA, for appellee.

Before WOLLMAN, RICHARD S. ARNOLD, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Alexandro Vasquez-Gutierrez was charged with possession of more than five kilograms of cocaine with the intent to deliver, in violation of 21 U.S.C. § 841. Vasquez-Gutierrez was first tried to a jury in April 2001; however, the jury was unable to reach a verdict, and a mistrial was declared. On December 17, 2001, Vasquez-Gutierrez's second trial commenced. On the third day of his second trial, Vasquez-Gutierrez absconded. The district

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