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UNITED STATES v. MARTORANO

Nos. 80-1831 to 80-1834 and 80-1846.

663 F.2d 1113 (1981)

UNITED STATES of America, Appellee, v. James MARTORANO, Defendant-Appellant. UNITED STATES of America, Appellee, v. Charles DeMETRI & James DeMetri, Defendants-Appellants. UNITED STATES of America, Appellee, v. Howard T. WINTER, Defendant-Appellant. UNITED STATES of America, Appellee, v. Elliot Paul PRICE, Defendant-Appellant. UNITED STATES of America, Appellee, v. Melvin GOLDENBERG, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided October 30, 1981.

Attorney(s) appearing for the Case

Albert F. Cullen, Jr. and Richard Egbert, Boston, Mass., with whom Cullen & Wall, Boston, Mass., was on brief, for appellants Howard T. Winter and James Martorano.

Jeffrey M. Smith, Boston, Mass., Joseph Travaline, Burlington, Mass., and Morris M. Goldings, Boston, Mass., Jeanne Baker, Cambridge, Mass., with whom Paul T. Smith, Harvey R. Peters, Barry Haight, Milton, Mass., Hawkes & Goldings, Boston, Mass., Baker & Fine, Cambridge, Mass., were on brief, for appellants Charles Demetri & James Demetri, Elliot Paul Price, and Melvin Goldenberg.

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

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

After conviction and sentencing, appellants brought motions for a new trial and an evidentiary hearing thereon based on the alleged suppression of exculpatory material and the discovery of new evidence. These motions have an entirely different basis than did those whose denial we affirmed in cases Nos. 79-1437, 1438, 1441, 1442, 1446 and 1476. The motions now before us, brought pursuant to Federal...

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