Court of Appeals for the Eighth Circuit March 12, 2003, 02-2715 (United States v. Charles Carl Graham)

WOLLMAN, Circuit Judge.

Charles Carl Graham was convicted in Missouri state court of second degree murder and attempt to manufacture methamphetamine. After Graham successfully appealed the attempt conviction, the Assistant United States Attorney (AUSA) who had served as a special prosecutor in Graham’s state case sought a four-count federal indictment against Graham for drug-related activity.