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UNITED STATES v. COOK

No. 82-1476.

705 F.2d 350 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Edwin COOK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 3, 1983.

Attorney(s) appearing for the Case

Timothy Ford, Seattle, Wash., for defendant-appellant.

William Hogan, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before HUG, POOLE and NORRIS, Circuit Judges.

HUG, Circuit Judge:

Cook challenges the district court's denial of his motion for a new trial based on the ground of newly discovered evidence. Because Cook's motion was untimely, we affirm.

Cook was indicted for, and subsequently convicted of, aiding the robbery of a national bank, using a firearm to commit a felony, and conspiring to commit the robbery. We affirmed the conviction in an opinion issued on June 29, 1979, United States v. Cook,

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