TUTTLE, Chief Judge.
This is an appeal from a denial by the trial court of relief under Section 2255, in which appellant sought to have his judgment of conviction vacated on the ground of newly discovered evidence. The trial court, although stating that it is a matter that should have been proceeded for under Rule 33 of the Federal Rules of Criminal Procedure, on a motion for new trial for newly discovered evidence, nevertheless considered it on the pending motion...
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