UNITED STATES v. JACKSON

Nos. 77-1721, 77-1857 and 77-1856.

579 F.2d 553 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Lewis JACKSON, Defendant-Appellant (two cases). UNITED STATES of America, Plaintiff-Appellee, v. John Brett ALLEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 19, 1978.

Rehearing Denied July 31, 1978.


Attorney(s) appearing for the Case

Joseph Saint-Veltri, Denver, Colo. (Davies & Saint-Veltri), Denver, Colo., for appellant Allen.

Robert S. Berger, Denver, Colo. (Davies & Saint-Veltri), Denver, Colo., for appellant Jackson.

Joseph F. Dolan, U. S. Atty., Rod W. Snow, and William C. Danks, Asst. U. S. Attys., Denver, Colo., for appellee.

Before BARRETT, DOYLE, and LOGAN, Circuit Judges.


BARRETT, Circuit Judge.

In these consolidated appeals the appellants, Frank Lewis Jackson (Jackson) and John Brett Allen (Allen), seek reversal of the district court's order denying their motions for a new trial. The motions were based on the claim that new evidence has been discovered which either creates a reasonable doubt as to their guilt or which might have caused the jury to reach a judgment of acquittal had the evidence been available during trial.

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