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183033P.pdf   12/26/2019  United States  v.  Jose Escalante
   U.S. Court of Appeals Case No:  18-3033
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Shepherd, Author, with Gruender and Benton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Assuming the district court 
   erred in denying defendant's motion for retesting of drugs and for 
   approval of expenditures without conducting an ex parte hearing, the error 
   did not prejudice defendant as defendant failed to show a reasonable 
   probability that retesting would have aided in his defense and that denial 
   of his motion resulted in an unfair trial; below-guidelines range sentence 
   was not substantively unreasonable.