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UNITED STATES v. ATKINS

No. 76-1719.

545 F.2d 1153 (1976)

UNITED STATES of America, Appellee, v. Sylvester ATKINS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 16, 1976.

Attorney(s) appearing for the Case

Larry B. Luber, St. Louis, Mo., for appellant.

Barry A. Short, U. S. Atty., and Richard E. Coughlin, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.

PER CURIAM.

Sylvester Atkins appeals from the District Court's1 denial of his motion for a new trial based on newly discovered evidence. We affirm.

The appellant was indicted and charged with three counts of distributing a controlled substance (heroin) in violation of 21 U.S.C. § 841(a)(1). At trial, the government's case was based largely on the testimony of Bert Dilworth, a self...

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