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U.S. v. DAVIS

No. 04-2589.

417 F.3d 909 (2005)

UNITED STATES of America, Plaintiff/Appellee v. Richard Lawrence DAVIS, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2005.

Rehearing and Rehearing Denied September 15, 2005.

Attorney(s) appearing for the Case

Mark W. Lyons, argued, Clayton, MO (N. Scott Rosenblum, Clayton, MO, on the brief), for appellant.

Antoinette Decker, Asst. U.S. Atty., argued, St. Louis, MO (Sirena Wissler, Asst. U.S. Atty., St. Louis, Missouri, on the brief), for appellee.

Before MURPHY, BRIGHT and MELLOY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 15, 2005.*

MURPHY, Circuit Judge.

After Richard Lawrence Davis was convicted by a jury of possessing more than 50 grams of crack cocaine with the intent to distribute, his motion for a new trial was granted and the government appealed. We reversed, reinstating the conviction and remanding for sentencing. See United States v. Davis, 367 F.3d 787

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