United States v. Montgomery
Court of Appeals for the Tenth Circuit
1Opinion of the Court
KELLY, Circuit Judge.
The government appeals from the district court’s judgment granting Defendant-Appellee Daniel Montgomery’s motion for judgment of acquittal and vacating the jury’s verdict based on insufficiency of the evidence. The government also eon- tests the district court’s alternative holding that Mr. Montgomery is entitled to a new trial. The government urges this court to reverse and reinstate the jury’s verdict of guilty, directing the district court to sentence Montgomery under 21 U.S.C. § 841(b)(1)(B)(vii). In the alternative, the government argues that if we affirm the…
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