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U.S. v. RUSHING

Nos. 01-3077EA, 01-3082EA, 01-3266EA, 01-3428EA, 01-3526EA.

388 F.3d 1153 (2004)

UNITED STATES of America, Appellee, v. Bob Newton RUSHING, Appellant. United States of America, Appellee/Cross-Appellant, v. David Jewell Jones, Appellant/Cross-Appellee. United States of America, Appellee/Cross-Appellant, v. Tony Ma, also known as Shiu Yun Ma, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 18, 2004.

Attorney(s) appearing for the Case

Robert C. Compton, argued, El Dorado, AR, for appellant in 01-3077.

Kent J. Rubens, argued, West Memphis, AR, for appellant in 01-3082 and 01-3266.

Timothy O. Dudley, argued, Little Rock, AR, for appellant in 01-3428 and 01-3526.

Angela S. Jegley, Assistant U.S. Attorney, argued, Little Rock, AR (H.E. (Bud) Cummins, on the brief), for appellee.

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

PER CURIAM.

This case returns to us following our remand to the District Court for further review of two issues. In United States v. Rushing, 313 F.3d 428 (8th Cir.2002), we asked the District Court2 to determine whether certain expert testimony, excluded at trial, was properly excluded under Daubert v. Merrell Dow Pharm., 509 U.S. 579, 113 S.Ct. 2786, 125...

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