Nos. 08-3953, 08-3955.

600 F.3d 1014 (2010)

UNITED STATES of America, Appellee, v. Kevin Joseph FENNER, Appellant. United States of America, Appellee, v. Eric Dion Davis, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 30, 2010.

Attorney(s) appearing for the Case

William M. Orth, argued, Minneapolis, MN, for appellant Fenner.

Stephen W. Walburg, argued, Shakopee, MN, for Davis.

David Gerald Wilhelm, AUSA, argued, Jeffrey S. Paulsen, AUSA, on the brief, Minneapolis, MN, for appellee.

Before MELLOY, SMITH, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

A jury convicted Kevin Fenner and Eric Davis of conspiring to distribute fentanyl and more than fifty grams of cocaine base in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). The jury also convicted them of various distribution and possession-with-intent-to-distribute charges stemming from the conspiracy. Fenner and Davis assert that prosecutorial misconduct occurred before the grand jury. Fenner also argues that cumulative prosecutorial...

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