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U.S. v. MONTGOMERY

No. 05-3263.

468 F.3d 715 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel MONTGOMERY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 14, 2006.

Attorney(s) appearing for the Case

Daniel S. Goodman, Criminal Division, Appellate Section, U.S. Department of Justice, Washington, D.C., (Eric F. Melgren, United States Attorney, and Sheri P. McCracken, Assistant United States Attorney, District of Kansas, on the briefs), for Plaintiff-Appellant.

William F. Cummings, Cummings & Cummings, L.L.C., Wichita, KS, for Defendant-Appellee.

Before KELLY, ANDERSON, and BEAM, Circuit Judges.

KELLY, Circuit Judge.

The government appeals from the district court's judgment granting Defendant-Appellee Daniel Montgomery's motion for judgment of acquittal and vacating the jury's verdict based on insufficiency of the evidence. The government also contests the district court's alternative holding that Mr. Montgomery is entitled to a new trial. The government urges this court to reverse and reinstate the jury's verdict...

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