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U.S. v. DAVIS

No. 03-2742.

367 F.3d 787 (2004)

UNITED STATES of America, Appellant, v. Richard L. DAVIS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 10, 2004.

Attorney(s) appearing for the Case

Antoinette Decker, U.S. Attorney's Office, St. Louis, MO, for United States of America, Plaintiff — Appellant.

N. Scott Rosenblum, Sr., Jenna K. Glass, Rosenblum & Schwartz, Clayton, MO, Richard Lawrence Davis, St. Louis, MO, for Richard Lawrence Davis, Defendant — Appellee.

Before MELLOY, BEAM, and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge.

A jury convicted Richard Davis of one count of possession with intent to distribute more than fifty grams of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). Davis filed motions for judgment of acquittal and a new trial. The district court granted the Motion for New Trial on an issue raised sua sponte: that the government had improperly and prejudicially shifted the burden of proof. The government...

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