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United States of America v. Darrell Lee Devries

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Submitted: April 14, 2010

Before BYE, JOHN R. GIBSON, and HANSEN, Circuit Judges.

A jury convicted Darrell Devries of one count each of conspiring to manufacture methamphetamine, 21 U.S.C. §§ 841(a)(1), 846, and of manufacturing the drug, 21 U.S.C. § 841(a)(1), (b)(1)(B), 18 U.S.C. § 2. Devries moved for judgment of acquittal or, in the alternative, for a new trial on the ground that the testimony of a co-conspirator was not credible. The district court*fn1 denied the motion for judgment of acquittal but granted the new trial motion. The government appeals, arguing that the district court erred in its evaluation of the co-conspirator’s credibility and that the government presented sufficient additional evidence to sustain a verdict. We affirm.

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