United States Eighth Circuit

In a prosecution for conspiracy to distribute cocaine base, grant of a new trial based on use of perjured testimony is reversed where: 1) there was no evidence that the government knew a witness's testimony was perjured, and thus defendant's due process rights were not violated; and 2) if the grant of a new trial was based on a conclusion that the verdict was against the weight of the evidence, the district court abused its discretion in light of the overwhelming evidence supporting the verdict.

Appellate Information

• Decided 02/28/2007
• Published 02/28/2007

Judges

• ARNOLD, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennie M. Dugan-Hinrichs, Asst. U.S. Attorney, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Michael T. Levy, argued, Omaha, NE, for appellee.