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                        as a courtesy to the reader. They are not part of the opinion of the court.

033964P.pdf   02/04/2005  United States  v.  Linda Ray Gardner
   U.S. Court of Appeals Case No:  03-3964
   Eastern District of Arkansas   
   Criminal Case - Motion for New Trial. Government appeals grant of 
   motion for new trial based on prosecutor's statement during closing 
   argument. District court is reversed, as comments were not improper. 
   Statement of no evidence from defense or that evidence was unrefuted or 
   uncontradicted are not indirect comments on defendant's failure to testify 
   and grant of new trial was an abuse of discretion. [PUBLISHED] [Chief 
   Judge Loken, Author, with Beam and Gruender, Circuit Judges]