United States v. Richard Lawrence Davis

MURPHY, Circuit Judge.

After Richard Lawrence Davis was convicted by a jury of possessing more than 50 grams of crack cocaine with the intent to distribute, his motion for a new trial was granted and the government appealed. We reversed, reinstating the conviction and remanding for sentencing. See United States v. Davis, 367 F.3d 787, 790 (8th Cir.2004). On remand the district court1 imposed a 20 year mandatory minimum sentence. Davis appeals, arguing that he is entitled to a new trial because of the prosecutor’s improper closing argument, that he did not have a qualifying prior felony…