UNITED STATES v. VAN DEVEER

No. 77-3069.

577 F.2d 1016 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth VAN DEVEER and John Sircovich, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 7, 1978.


Attorney(s) appearing for the Case

James J. Hogan, Joseph Mincberg, Miami, Fla., for defendants-appellants.

J. V. Eskenazi, U. S. Atty., Michael P. Sullivan, A. Scott Miller, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before RONEY, RUBIN and VANCE, Circuit Judges.


PER CURIAM:

There is a single issue raised on this appeal from denial of a post conviction motion for a new trial. Defendants contend that at the post trial evidentiary hearing the trial judge did not sufficiently inquire into a witness's claim of the privilege against self-incrimination.

The defendants alleged, by way of motion for new trial based on newly discovered evidence, that their Fifth Amendment right to due process of law and their Sixth Amendment...

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