UNITED STATES v. TREVINO

No. 73-2634 Summary Calendar.

490 F.2d 95 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Wenceslao TREVINO, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing February 11, 1974.


Attorney(s) appearing for the Case

J. G. Hornberger, Laredo, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houstou, Tex., for plaintiff-appellee.

Before BELL, GODBOLD and GEE, Circuit Judges.


PER CURIAM:

Appellant is incarcerated under a guilty plea. The district court did not err in refusing to grant a new trial on the ground of newly discovered evidence or in denying a motion for reduction of sentence.

This latter motion was based on the contention that the court considered incorrect hearsay reports in sentencing appellant. This contention rests on a statement made by the district court at the time sentence was imposed. However, appellant's motion...

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