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Birmingham man sentenced for second time in federal drug trial in Mobile

MOBILE, Ala. (WALA) – A federal jury in Mobile found a Birmingham man guilty of supplying heroin to drug dealers in Baldwin County.

It was the second time James Harding was convicted in the case.

A federal appeals court overturned the latest conviction after ruling that U.S. District Judge Terry Moorer abused his discretion by allowing evidence of a search of the defendant's home conducted after the date of the alleged conspiracy. The court ruled that the judge should have told the jury that they could not consider the drugs and weapons found during that search as evidence of Harding's bad character.

Moorer set Harding's sentencing for February.

Before overturning the original verdict, the judge sentenced Harding to 80 years in prison.

This time, however, the jury found Harding not guilty on a second charge of possession with intent to distribute heroin. That could cut Harding's prison time in half.