Whether a defendant can refile a pretrial motion after withdrawing it

QUESTIONS PRESENTED 1. Whether, in direct conflict with decisions of other circuits, the Eighth Circuit correctly held that under Fed. R. Crim. P. 12(c), a defendant who knowingly and voluntarily withdraws a pretrial motion, even as a condition of accepting a plea offer the district court later rejects, cannot ever show good cause to refile it. 2. Whether, in direct conflict with decisions of other circuits, the Eighth Circuit correctly held that a district court has discretion to admit evidence over an objection under Fed. R. Evid. 403 that it is unduly prejudicial or needlessly cumulative, without first having viewed the evidence at issue.