United States v. Andre Quinn Duke

MURPHY, Circuit Judge.

Andre Duke was convicted of arson in violation of 18 U.S.C. §§ 2 and 844(i), and of conspiracy to commit arson, in violation of 18 U.S.C. § 371. He appeals his conviction and the denial by the district court 1 of his motion for a new trial based on newly discovered evidence. We affirm.

Andre Duke owned a bar in St. Paul, Minnesota named “Rocky’s on 10th,” and his brother Claude Duke managed the daily business. Rocky’s was seriously damaged by a fire and explosion on May 24, 1993. A subsequent investigation revealed that the fire was a result of arson and that the arsonist…