United States of America, Cross-Appellee v. Ivan Eberhart

FLAUM, Chief Judge.

Ivan Eberhart was convicted by a jury of conspiring to distribute cocaine. Eber-hart subsequently moved for a judgment of acquittal or in the alternative for a new trial. The district court denied the motion for judgment of acquittal, but granted the motion for a new trial. The government appeals the grant of a new trial, and Eber-hart cross-appeals the denial of the judgment of acquittal. For the reasons stated herein, we reverse the grant of a new trial, remand for sentencing, and dismiss the cross-appeal for lack of jurisdiction.

I. Background

On December 16, 1998, Drug…