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BALESTRERI v. UNITED STATES

No. 14348.

224 F.2d 915 (1955)

Mario BALESTRERI, Appellant, v. UNITED STATES of America, Defendant.

United States Court of Appeals Ninth Circuit.

June 28, 1955.

Attorney(s) appearing for the Case

James E. Burns, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., John H. Riordan, Richard H. Foster, Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before POPE and FEE, Circuit Judges, and JAMES M. CARTER, District Judge.

JAMES M. CARTER, District Judge.

This case arises on Balestreri's appeal from the order of the district court denying his motion, made after his conviction had become final for a new trial on the ground of newly discovered evidence, under Rule 33, Rules of Criminal Procedure, Title 18 U.S.C.A.

The defendant, Mario Balestreri, was indicted on March 7, 1952. Appellant was charged in the ninth count of the indictment...

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