Rehearing and Rehearing En Banc Denied June 3, 1982.
HENLEY, Circuit Judge.
Tommy Swarek appeals the order of the district court denying his motion for a new trial based on newly discovered evidence. We affirm.
In 1979 appellant Swarek and one William R. Smith, Sr. were charged with conspiring to defraud an agency of the United States, the Small Business Administration (SBA). Shortly after the indictment was returned, Smith began suffering from physical...
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