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LINDSEY v. UNITED STATES

No. 21034.

368 F.2d 633 (1966)

James Arthur LINDSEY, also known as James Arthur Lindsay, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 18, 1967.

Attorney(s) appearing for the Case

James A. Schmiesing of Boyko & Simmons, Los Angeles, Cal., for appellant.

Joseph L. Ward, U. S. Atty., Robert S. Linnell, Michael DeFeo, Asst. U. S. Attys., Las Vegas, Nev., for appellee.

Before HAMLEY, HAMLIN and BROWNING, Circuit Judges.

HAMLEY, Circuit Judge.

On May 26, 1964, we affirmed the conviction of James Arthur Lindsey on six counts of "committing fraud by wire," in violation of 18 U.S.C. § 1343 (1964). Lindsey v. United States, 9 Cir., 332 F.2d 688. Thereafter, on July 30, 1964, the district court denied Lindsey's first motion for a new trial, which had been made on the ground of newly discovered evidence pursuant to Rule 33, Federal Rules of Criminal...

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