United States v. Richard L. Davis
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MELLOY, Circuit Judge.
A jury convicted Richard Davis of one count of possession with intent to distrib ute more than fifty grams of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). Davis filed motions for judgment of acquittal and a new trial. The district court granted the Motion for New Trial on an issue raised sua sponte: that the government had improperly and prejudicially shifted the burden of proof. The government appeals the grant of the Motion for New Trial. We reverse.
I
On July 26, 2002, Davis was arrested in a hotel room with two other men, Anthony Chaney and Terry Harris. The…
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- United States v. Richard Lawrence DavisCourt of Appeals for the Eighth Circuit · 2005
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