United States v. Excel Warren, Jr.

JONES, District Judge.

The United States appeals from a final judgment entered in the District Court for the Eastern District of Arkansas granting the defendant, Excel Warren, a new trial on two drug charges on the basis of newly discovered evidence. Defendant was charged with conspiracy to distribute and possess with the intent to distribute cocaine, and attempting to possess with the intent to distribute cocaine, all in violation of 21 U.S.C. §§ 841(a)(1) and 846. We reverse.

I. BACKGROUND

A jury trial on the two drug charges held in August of 1996 resulted in a mistrial because the jury could…