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U.S. v. HIVELY

Nos. 04-3349, 04-3352.

437 F.3d 752 (2006)

UNITED STATES of America, Appellee, v. Thomas James HIVELY, also known as T.J. Hively, Appellant. United States of America, Appellee, v. Wesley John Ketz, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 10, 2006.

Attorney(s) appearing for the Case

Timothy O. Dudley, argued, Little Rock, AR, for appellant Hively.

Dennis Owens, argued, Kansas City, MO, for appellant Ketz.

Todd L Newton, argued, Asst. U.S. Attorney, Little Rock, AR (Angela S. Jegley, Asst. U.S. Attorney, Little Rock, AR, on the brief), for appellee.

Before ARNOLD, BOWMAN, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Thomas James "T.J." Hively, the elected prosecuting attorney for the Sixteenth Judicial District of Arkansas, and his law partner and deputy prosecuting attorney Wesley John Ketz were convicted of mail fraud and racketeering after a jury trial. They appeal, both arguing that there was insufficient evidence of their guilt. Hively also contends that the district court1 erred in not holding an evidentiary hearing on...

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