UNITED STATES v. HAMILTON

Nos. 75-3754, 76-3037.

559 F.2d 1370 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest C. HAMILTON, Lloyd E. Hennigan, Jr., Philip J. Shaheen, Jr., and Henri Loridans, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 3, 1977.


Attorney(s) appearing for the Case

Edward M. Baldwin, New Orleans, La., for defendants-appellants.

Gerald J. Gallinghouse, U. S. Atty., Mary W. Cazalas, Asst. U. S. Atty., New Orleans, La., Mark M. Richard, Abigail S. Kelly, Atty., Dept. of Justice, Washington D. C., for plaintiff-appellee.

Before COLEMAN, Circuit Judge, and KUNZIG, Judge, and GEE, Circuit Judge.


KUNZIG, Judge.

This is an appeal from two district court orders (consolidated here) denying motions for new trial based on "newly discovered" evidence.1 Judge Edward J. Boyle, who had presided over the original trial in the Eastern District of Louisiana, denied the motions after examining the supporting affidavits and without granting a hearing. Appellants (Hamilton, Loridans, Shaheen and Hennigan) requested an evidentiary hearing below...

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