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United States of America v. Eric E. Garvey

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ARGUED JUNE 4, 2012

Before KANNE, WOOD, and TINDER, Circuit Judges.

Beginning in 2007, Eric E. Garvey conspired with four others to transport and sell stolen property along the Minnesota-Wisconsin border. At Garvey’s trial, all four co-conspirators testified against him. On appeal, Garvey alleges that the district court’s misstatement of its subpoena power prevented him from calling a witness to impeach one of those co-conspirators. Garvey also claims that the district court erred in denying his motion for a mistrial after the prosecutor’s questioning prompted a witness to declare that he smoked marijuana with Garvey. For the following reasons, we affirm Garvey’s conviction.

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