Peterson

Wayne Peterson appeals the district court’s denial of his motion for a new trial. Peterson was convicted of conspiring with a codefendant to distribute methamphetamine. The codefendant did not testify, but his confession was read into evidence at their joint trial. All references to Peterson had been redacted and replaced with “person X.” In light of Gray v. Maryland, — U.S. -, 118 S.Ct. 1151 , 140 L.Ed.2d 294 (1998), we reverse and remand for a new trial.

I. FACTUAL BACKGROUND

Peterson and his codefendant, Oscar Luna, were convicted of conspiracy to distribute methamphetamine. Oscar Luna had made several post-arrest statements to the government which directly implicated Peterson. Before trial, the prosecutor and Peterson’s counsel agreed to redact Peterson’s name from Oscar Luna’s post-arrest statements and replace it with “person X.” During dosing argument, the prosecutor argued that Peterson was “person X.” The prosecutor also read from a police report that had not been admitted into trial. After he was convicted, Peterson moved for a new trial.

The district court concluded that the prosecutor had erred in referring to Peterson during his closing argument as “person X,” but…