United States v. Herman Lee Curry, Haskell Watson, Jr., Jeffrey Lynn Howard, Ronald Jerome Hayes, Adam Butler, Ii, A/K/A Moo Moo, Sam Hayes

ANDERSON, Circuit Judge:

This case arises out of a multi-defendant, multi-count trial. In addition to the appellants, the indictment charged Harold Singleton and “Jay.” Singleton made a deal with the prosecution and testified at trial. Gerald Daniels (who the prosecution claimed was “Jay”) was a co-defendant at trial. A mistrial was declared as to Daniels, and the district judge granted Daniels a judgment of acquittal because his name did not appear in the indictment (i.e., the indictment named only “Jay”) and because the prosecution’s evidence that Daniels was, in fact, “Jay” was not…