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U.S. v. OWEN

Docket Nos. 06-1078-cr(L), 06-1331-cr(XAP).

500 F.3d 83 (2007)

UNITED STATES of America, Appellant-Cross-Appellee, v. Lance Edgar OWEN, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 4, 2007.

Attorney(s) appearing for the Case

William J. Harrington, Assistant United States Attorney, on behalf of Michael J. Garcia, United States Attorney for the Southern District of New York (Jacob W. Buchdahl and John M. Hillebrecht, Assistant United States Attorneys, on the brief), for Appellant.

James A. Cohen, Lincoln Square Legal Services, Inc., New York, N.Y. (Michael W. Martin and Gemma Solimene, on the brief), for Defendant-Appellee.

Before: B.D. PARKER, RAGGI, WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

The Government appeals an order of the district court granting defendant Lance Edgar Owen a new trial on the basis of newly discovered evidence. The Government charged Owen and codefendants Mark Baroody and Paul Samuels with two counts of violating Title 21 of the United States Code. Count One charged Owen, Baroody and Samuels with conspiring to distribute in excess of 100 kilograms of marijuana, in violation of 21 U.S.C. § 846. Count Two...

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