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U.S. v. WALL

No. 03-30987.

389 F.3d 457 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Richard E. WALL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 9, 2004.

Attorney(s) appearing for the Case

Catherine M. Maraist (argued), Lyman Edgar Thornton, III, Asst. U.S. Atty., Baton Rouge, LA, for Plaintiff-Appellant.

Craig Frank Holthaus (argued), deGravelles, Palmintier, Holthaus & Fruge, Baton Rouge, LA, for Defendant-Appellee.

Before JOLLY, WIENER, and PICKERING, Circuit Judges.

PICKERING, Circuit Judge:

Before the court is the government's appeal from the district court's order granting defendant Richard Wall's Fed.R.Crim.P. 33 motion for a new trial. We conclude that the district court abused its discretion when it granted the motion.

I. FACTS AND PROCEEDINGS

Wall was indicted on charges of conspiracy involving a scheme to defraud the state of Louisiana of the proper quality of steel for use in Louisiana Department...

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