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U.S. v. DAVIS

No. 00-1952.

244 F.3d 666 (2001)

United States of America, Appellant, v. William Irwin Davis, Jr., Appellee. United States of America, Appellant, v. Kevin Paul Moyer, Appellee. United States of America, Appellant, v. William John Irvin, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 29, 2001.

Attorney(s) appearing for the Case

Andrew H. Kahl, Asst. U.S. Atty., argued, Des Moines, IA (Debra L. Scorpiniti, Asst. U.S. Atty., on the brief), for appellant.

B. John Burns, Federal Public Defender, argued, Des Moines, IA, for appellee.

Before WOLLMAN, Chief Judge, McMILLIAN, Circuit Judge, and PANNER, Senior District Judge.

McMILLIAN, Circuit Judge.

The United States (the government) appeals from an order entered in the District Court2 for the Southern District of Iowa granting defendants' motion to exclude certain DNA evidence as a discovery sanction against the government. For reversal, the government argues that the district court abused its discretion in excluding this DNA evidence. For the reasons discussed below, we affirm the order of the district...

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