DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062218P.pdf 06/25/2007 USA v. Donald Radosh
U.S. Court of Appeals Case No: 06-2218
and No: 06-3158
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Loken, Author, with Bye and Shepherd, Circuit
Judges]
Criminal case - criminal law. Evidence was sufficient to support
conviction for being a felon in possession of a firearm; mistrial in first
trial did not bar re-prosecution as the district court found that government
did not intend to elicit the statement from the government witness that
caused the mistrial and there was no evidence that the government
intended to provoke defendant into moving for a mistrial; no error in
denying defendant's motion to disqualify the U.S. Attorney's office; no
error in denying motion to exclude any testimony by the government
witness whose testimony led to the mistrial.