PELL, Circuit Judge.
This is an appeal from the district court's orders denying without an evidentiary hearing the defendant's (Disston) motion for new trial on the basis of newly discovered evidence, Fed.R.Crim.P. 33, and denying his petition for writ of habeas corpus, 28 U.S.C. § 2255. Disston seeks relief on the ground that he was denied his Sixth and Fourteenth Amendment rights during his trial in which he was convicted for mail fraud.
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