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BROWN v. UNITED STATES

No. 488, Docket 28164.

333 F.2d 723 (1964)

Robert BROWN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided June 8, 1964.

Attorney(s) appearing for the Case

Albert E. Evans, New Haven, Conn., for appellant.

Howard T. Owens, Jr., Asst. U. S. Atty., for the District of Connecticut, New Haven, Conn., (Robert C. Zampano, U. S. Atty., of counsel), for appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

PER CURIAM:

Convicted on December 7, 1961, of unlawfully selling narcotics, appellant Brown moved on July 6, 1962, for a new trial under Rule 33, F.R.Crim.P., on the ground of newly discovered evidence. Finding that the evidence in question might have been produced at trial if Brown had exercised reasonable diligence, and that it would not have materially affected the outcome in any event, Judge Anderson denied the motion after a hearing. We entirely agree with both...

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