UNITED STATES v. ROBINSON

Nos. 77-1097, 77-1098.

585 F.2d 274 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley B. ROBINSON, Defendant-Appellant. Stanley B. ROBINSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 1978.

Rehearing Denied January 11, 1979.


Attorney(s) appearing for the Case

Ann C. Tighe and Robert M. Stephenson, Asst. U. S. Attys., Chicago, Ill., for United States.

Willard J. Lassers, Chicago, Ill., for Robinson.

Before FAIRCHILD, Chief Judge, and SWYGERT, CUMMINGS, PELL, SPRECHER, TONE, BAUER and WOOD, Circuit Judges.


En Banc Rehearing April 14, 1978.

SWYGERT, Circuit Judge.

The issues presented on appeal arise out of the district court's denial of Robinson's Rule 33 motion for a new trial based on the ground of newly discovered evidence and his petition under 28 U.S.C. § 2255 for relief from sentence.1 Robinson's section 2255 petition was based on the same newly discovered evidence and also alleged Government suppression of documents relevant...

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