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UNITED STATES v. CARLONE

No. 79-1172.

603 F.2d 63 (1979)

UNITED STATES of America, Appellee, v. Anthony Michael CARLONE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1979.

Rehearing Denied September 6, 1979.

Attorney(s) appearing for the Case

Joseph S. Friedberg, Minneapolis, Minn., argued, Ronald I. Meshbesher, Minneapolis, Minn., on brief, for appellant.

Richard E. Vosepka, Asst. U. S. Atty., Minneapolis, Minn., argued, Andrew W. Danielson, U. S. Atty., Minneapolis, Minn., on brief, for appellee.

Before HEANEY and STEPHENSON, Circuit Judges, and MARKEY, Chief Judge.

STEPHENSON, Circuit Judge.

Appellant-defendant Anthony Michael Carlone appeals from his conviction1 by jury of three counts of assault on a federal officer, 18 U.S.C. §§ 111 & 1114, primarily contending that the district court2 erred in denying his motion for a new trial based on newly discovered evidence. We affirm the district court.

On August 14 and 16, 1978, Carlone was under surveillance...

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