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UNITED STATES v. COX

Nos. 74-1867 and 77-1174.

567 F.2d 930 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie David COX, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 30, 1977.

Attorney(s) appearing for the Case

Mary K. Briscoe, Asst. U. S. Atty., Topeka, Kan. (James P. Buchele, U. S. Atty., Topeka, Kan., on the brief), for plaintiff-appellee.

Michael Lerner of Barnett & Lerner, Chartered, Kansas City, Kan., for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Appellant filed a motion for new trial pursuant to Rule 33 of the Rules of Criminal Procedure in which he alleged the presence of newly discovered evidence. There was then pending a motion under 28 U.S.C. § 2255. Both of these motions were denied and are consolidated in the present appeal.

The cause was before this court previously on appeal from the conviction. See United States v. Cox, 449 F.2d...

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