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U.S. v. CURRY

No. 02-3300.

328 F.3d 970 (2003)

UNITED STATES of America, Appellee, v. Albert CURRY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 6, 2003.

Rehearing and Rehearing Denied: June 12, 2003.

Attorney(s) appearing for the Case

Gary G. Colbath, AFPD, argued, Rapid City, SD, for appellant.

Michelle Tapken, AUSA, argued, Sioux Falls, SD (Gregg S. Peterman, AUSA, Rapid City, SD, on the brief), for appellee.

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

Rehearing and Reheating En Banc Denied: June 12, 2003*.

WOLLMAN, Circuit Judge.

Albert Curry was indicted on one count of sexual abuse in violation of 18 U.S.C. §§ 1153 and 2242. At the close of the government's case in chief, Curry moved for a mistrial, citing prosecutorial misconduct. The district court1 reserved ruling on the motion. After the jury found him guilty, Curry again moved for...

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