No. 11-1556.

673 F.3d 771 (2012)

UNITED STATES of America, Appellee, v. Hessam GHANE, also known as Sam Ghane, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 9, 2012.

Rehearing and Rehearing En Banc Denied April 17, 2012.

Attorney(s) appearing for the Case

J. Justin Johnston , Wyrsch Hobbs & Mirakian, P.C., Kansas City, MO, argued, for appellant.

D. Michael Green , Asst. U.S. Atty., Kansas City, MO, argued ( Beth Phillips , U.S. Atty., on the brief), for appellee.

Before LOKEN, BEAM, and MURPHY, Circuit Judges.

BEAM, Circuit Judge.

A jury convicted Hessam Ghane of stockpiling, retaining, and possessing a chemical weapon—potassium cyanide—in violation of 18 U.S.C. §§ 229(a)(1) and 229A(a)(1). Ghane's conviction, obtained in December 2010, followed a previous trial in September 2010 for the same offense, resulting in a hung jury and mistrial.

Ghane appeals from his conviction and sentence, specifically challenging the district court's

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