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UNITED STATES v. FRAME

No. 71-1516.

454 F.2d 1136 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Robert A. FRAME, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 20, 1972.

Attorney(s) appearing for the Case

John D. Lewis, of Holman & Lewis, Tempe, Ariz., for defendant-appellant.

Richard K. Burke, U. S. Atty., Morton Sitver, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before BROWNING, KILKENNY, and TRASK, Circuit Judges.

PER CURIAM:

Robert A. Frame is a manufacturer and seller of methamphetamine. He was charged, tried, and found guilty of four federal narcotics violations, receiving concurrent sentences on the four counts. On June 2, 1971, his conviction was affirmed by a panel of this court. Frame v. United States, 9 Cir., 444 F.2d 71.

While the appeal was pending Frame filed a motion for a new trial in the district court, based upon "newly...

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