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MALDONADO v. UNITED STATES

No. 18748.

325 F.2d 295 (1963)

Fernando Roig MALDONADO, also known as Fernando Maldonado Roig, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 4, 1963.

Attorney(s) appearing for the Case

Frank Duncan, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, and A. Robert Throckmorton, Asst. U. S. Atty., for appellee.

Before BARNES, JERTBERG and KOELSCH, Circuit Judges.

BARNES, Circuit Judge:

Defendant-appellant appeals from an order of the district court for the Southern District of California, Central Division, Yankwich, J., denying appellant's second motion for a new trial, based on newly discovered evidence.

Appellant was convicted on November 2, 1961, of the sale and possession of marijuana on two counts (each a violation of Title 21, United States Code § 176a), allegedly...

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