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U.S. v. BABIAR

No. 04-1338.

390 F.3d 598 (2004)

UNITED STATES of America, Appellee, v. Warren BABIAR, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 29, 2004.

Attorney(s) appearing for the Case

Keith E. Uhl, argued, Des Moines, Iowa, for appellant.

Clifford D. Wendel, argued, Des Moines, Iowa (Shannon Olson, Asst. U.S. Attorney, Des Moines, Iowa, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Warren Babiar (Babiar) was tried and convicted of conspiracy to distribute marijuana. The district court1 granted Babiar a new trial based on the prosecutor's failure to turn over newly discovered evidence. See Brady v. Maryland, 373 U.S. 83, 87, 90-91, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) (holding the prosecution's suppression of evidence favorable to an accused violates due...

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