United States v. Michael Hatcher

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 7, 2005
• Docket: 02-1308
• Status: Published

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________________________________________________________

Nos. 02-1308WM, 02-1701WM, 02-1704WM, 02-1709WM, 02-1710WM, 02-1722WM, 02-1723WM, 02-2068WM, 02-3582WM ___________________________________________________________

______________ * * No. 02-1308WM * ______________ * * United States of America, * * Appellee, * * v. * * Michael Hatcher, * * Appellant. * On Appeal from the United * States District Court __________________________ * for the Western District * of Missouri. Nos. 02-1701WM, 02-1704WM, * 02-1723WM * __________________________ * * United States of America, * * Appellee, * * v. * * Joseph Anthony Porrello, * * Appellant. * * __________________________ * Nos. 02-1709WM, 02-1710WM, * 02-1722WM, 02-2068WM, * 02-3582WM * __________________________ * * On Appeal from the United United States of America, * States District Court * for the Western District Appellee, * of Missouri. v. * * Angelo Porrello, * * Appellant. *

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Submitted: January 13, 2003 Filed: September 7, 2005 ___________

Before BOWMAN, RICHARD S. ARNOLD1, and BYE, Circuit Judges. ___________

PER CURIAM.

In a previous opinion in this case, United States v. Hatcher, 323 F.3d 666 (8th Cir. 2003), we held the bulk of appellants' arguments lacked merit, but remanded so the district court could determine whether tape-recorded conversations between various cooperating witnesses and their attorneys should have been turned over to the

1 The Honorable Richard S. Arnold died on September 23, 2004. This opinion is being filed by the remaining judges of the panel pursuant to 8th Cir. Rule 47E.

-2- defense. We retained jurisdiction to consider the result of the district court's inquiry, and it has now certified to us it has reached a conclusion. On remand, the district court concluded appellants were not prejudiced by the non-disclosures. We conclude the district court properly resolved this claim and affirm. See 8th Cir. R. 47B.

The order and judgment of the district court are affirmed in all respects. ______________________________

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