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U.S. v. GARDNER

No. 03-3964.

396 F.3d 987 (2005)

UNITED STATES of America, Plaintiff — Appellant, v. Linda Ray GARDNER, Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2005.

Rehearing and Rehearing Denied March 23, 2005.

Attorney(s) appearing for the Case

Angela S. Jegley, argued, Little Rock, Arkansas (H.E. (Bud) Cummins, on the brief), for appellant.

James W. Wyatt, argued, Little Rock, Arkansas, for appellee.

Before LOKEN, Chief Judge, BEAM and GRUENDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 23, 2005.

LOKEN, Chief Judge.

A jury convicted Linda Ray Gardner of conspiring to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. § 846. The district court granted Gardner's motion for a new trial, concluding that the prosecutor made an inadvertent but nonetheless improper comment on Gardner's Fifth Amendment right not to testify by stating, during rebuttal closing argument, that ...

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