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U.S. v. DALE

Nos. 08-3172, 08-3246.

614 F.3d 942 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Michael L. DALE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Dyshawn Johnson, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2010.

Rehearing and Rehearing En Banc Denied September 3, 2010.

Attorney(s) appearing for the Case

W. Brian Gaddy, Gaddy, Geiger & Brown PC, Kansas City, MO, argued, for appellant Dale.

Jerald W. Newton, Sedona, AZ, argued (Alan Fester, Beverly Hills, CA, on the brief), for appellant Johnson.

Kathleen D. Mahoney, Asst. U.S. Atty., Kansas City, MO, argued (Matt J. Whitworth, Acting U.S. Atty., Gregg R. Coonrod, Asst. U.S. Atty., on the brief), for appellee.

Before BYE, ARNOLD and SMITH, Circuit Judges.

BYE, Circuit Judge.

Appellants Michael L. Dale and Dyshawn Johnson were convicted at a joint trial of two counts of first-degree murder and conspiracy to distribute cocaine. Dale and Johnson raise numerous arguments on appeal challenging their convictions. We affirm.

I

On December 21, 2002, Anthony Rios and Olivia Raya were found murdered in their Kansas City, Missouri, home, both victims of multiple gunshot wounds. On December 21, 2002, at about...

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