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UNITED STATES v. DAVILA

No. 24883.

428 F.2d 465 (1970)

UNITED STATES of America, Appellee, v. Carlos DAVILA, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 10, 1970.

Attorney(s) appearing for the Case

Allen U. Schwartz (argued), of Negri, Burrell, Risley & Schwartz, Encino, Cal., for appellant.

Eric Nobles (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Chief, Criminal Division, Los Angeles, Cal., for appellee.

Before HAMLEY and ELY, Circuit Judges and POWELL, District Judge.

PER CURIAM:

This appeal follows Davila's conviction for having unlawfully smuggled marijuana into the United States. 21 U.S.C. § 176a. The trial was to a jury, and two "unindicted co-conspirators" testified in the prosecution's behalf. After his conviction, Davila filed a Motion for a New Trial. The principal ground for the Motion was the claim that appellant's attorney had learned, after the trial, that "Government agents" promised to "help make things easier...

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