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U.S. v. MUNOZ

No. 09-5357.

605 F.3d 359 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Richard MUNOZ, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 18, 2010.

Attorney(s) appearing for the Case

ARGUED: Perry H. Piper, Assistant United States Attorney, Chattanooga, Tennessee, for Appellant. Martha M. Hall, Law Offices of Martha M. Hall, San Diego, California, for Appellee. ON BRIEF: Scott A. Winne, Assistant United States Attorney, Chattanooga, Tennessee, for Appellant. Martha M. Hall, Law Offices of Martha M. Hall, San Diego, California, for Appellee.

Before: BOGGS and NORRIS, Circuit Judges; ADAMS, District Judge.

OPINION

BOGGS, Circuit Judge.

This case reaches us in an unusual posture: the government appeals the district court's grant of a new trial under Federal Rule of Criminal Procedure 33. In the underlying trial, defendant Richard Munoz was found guilty of conspiracy to distribute methamphetamine and aiding and abetting distribution of methamphetamine. Approximately two months after the verdict, but before sentencing, Munoz obtained new counsel...

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