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U.S. v. VESEY

No. 04-1026.

395 F.3d 861 (2005)

UNITED STATES of America, Appellee, v. Arthur VESEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 21, 2005.

Rehearing Denied February 14, 2005.

Attorney(s) appearing for the Case

Wallace L. Taylor, argued, Cedar Rapids, IA, for appellant.

Daniel C. Tvedt, argued, Asst. U.S. Attorney, Cedar Rapids, IA, for appellee.

Before WOLLMAN and HEANEY, Circuit Judges, and HOLMES, District Judge.

WOLLMAN, Circuit Judge.

Arthur Vesey appeals from the district court's2 denial of his motion for new trial. We affirm.

I.

Vesey originally was charged with four counts of distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). After his first trial resulted in a hung jury, Vesey was retried and was convicted on three counts and acquitted on one count. We reversed that conviction and remanded for a third...

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