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UNITED STATES v. IMBRUGLIA

No. 79-1104.

617 F.2d 1 (1980)

UNITED STATES of America, Appellee, v. Frank IMBRUGLIA, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided March 7, 1980.

Attorney(s) appearing for the Case

Richard L. Dahlen, Boston, Mass., by appointment of the Court, with whom Chaplin, Casner & Edwards, Boston, Mass., was on brief, for defendant-appellant.

Stanley E. Greenidge, Sp. Atty., Dept. of Justice, Washington, D. C., with whom Edward F. Harrington, U. S. Atty. and Jeremiah T. O'Sullivan, Special Atty., Dept. of Justice, Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, KUNZIG, Judge, U. S. Court of Claims, BOWNES, Circuit Judge.

KUNZIG, Judge.

Appellant, convicted of conspiracy to receive, conceal, and sell stolen securities, 18 U.S.C. § 371, and of the substantive offense, 18 U.S.C. § 2315, seeks reversal of the district court's denial of his motion for a new trial on the basis of newly discovered evidence. The question, in accordance with the Supreme Court's decision in United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976...

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