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UNITED STATES v. VERGARA

No. 83-2153 Summary Calendar.

714 F.2d 21 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Hector Santos VERGARA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 19, 1983.

Attorney(s) appearing for the Case

Oscar J. Pena, Laredo, Tex., for defendant-appellant.

Daniel K. Hedges, U.S. Atty., James R. Gough, John M. Potter, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

TATE, Circuit Judge:

The defendant Vergara's conviction of several drug offenses has previously been affirmed by us. 687 F.2d 57 (5th Cir.1982). The present appeal is from the denial of a new trial, sought on the basis of newly discovered evidence that consisted of exculpatory statements and ex parte depositions by two coindicted conspirators. We find no abuse of discretion in the denial and, consequently, affirm.

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