United States v. Burns

ARNOLD, Circuit Judge.

A jury convicted Michael Burns of one count of conspiring to distribute 500 grams or more of methamphetamine, see 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846, and two counts of distributing 50 grams or more of the drug, see 21 U.S.C. § 841(a)(1), (b)(1)(B). After the district court 1 imposed a sentence of three concurrent terms of 360 months’ imprisonment, we affirmed the conviction and remanded the case for resentencing. United States v. Burns, 432 F.3d 856 (8th Cir.2005). On remand, Mr. Burns moved for a new trial under Federal Rule of Criminal Procedure 33, and the…