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UNITED STATES v. MITCHELL

No. 78-5066.

602 F.2d 636 (1979)

UNITED STATES of America, Appellee, v. Robert Wayne MITCHELL, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 6, 1979.

Attorney(s) appearing for the Case

Elba Gillenwater, Jr., Norton, Va. (Galbraith, Seibert, Kasserman, Farnsworth, Gillenwater & Glauser, Wheeling, W. Va., on brief), for appellant.

William D. Wilmoth, Asst. U. S. Atty., Wheeling, W. Va. (Stephen G. Jory, U. S. Atty., Elkins, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, BUTZNER, Circuit Judge and DUMBAULD, Senior District Judge, Western District of Pennsylvania.

ALBERT V. BRYAN, Senior Circuit Judge:

Robert Wayne Mitchell appeals from a conviction, December 1, 1977, of the interstate transportation of Cynthia ("Cindy") Ann Bippus for purposes of prostitution, as punishable under 18 U.S.C. § 2421 (1949). The critical assignment of error is the District Court's denial of his motion for a new trial for newly discovered evidence under Fed.R.Crim.P. 33.1

Without allowing argument the Court...

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