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UNITED STATES v. PHILLIPS

No. 77-5003.

558 F.2d 363 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Lawrence PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

July 22, 1977.

Attorney(s) appearing for the Case

Edward F. Marek, Federal Public Defender, Cleveland, Ohio, for defendant-appellant.

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, for plaintiff-appellee.

Before WEICK, EDWARDS and ENGEL, Circuit Judges.

PER CURIAM.

Defendant and appellant Arthur Lawrence Phillips has filed herein his motion to remand the cause to the district court for consideration of a motion for new trial, requesting also a stay of proceedings in this court pending the district court's disposition of that motion.

It appears that Phillips has not yet filed his motion for a new trial in the district court pursuant to Rule 33, Federal Rules of Criminal Procedure. While that rule provides...

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