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UNITED STATES v. BLANTON

No. 82-5091.

697 F.2d 146 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard Ray BLANTON, Clyde Edward Hood, Jr. and James M. Allen, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1983.

Attorney(s) appearing for the Case

John S. McLellan, Kingsport, Tenn., for Blanton.

Alfred Knight, Robert Delaney, William R. Willis, Nashville, Tenn., for Hood.

Tyree B. Harris, Nashville, Tenn., for Allen.

Joe B. Brown, U.S. Atty., Aleta G. Arthur, John Philip Williams, Nashville, Tenn., for plaintiff-appellee.

Before ENGEL and KEITH, Circuit Judges; and GIBSON, Senior Circuit Judge.

PER CURIAM.

Defendants appeal the district court's order denying their request that it certify that it is inclined to grant their motion for a new trial based on newly discovered evidence. We conclude that the district court's order denying certification of an inclination to grant that motion for a new trial is an unappealable order.

Defendants moved for a new trial on the basis of newly discovered evidence pursuant to Fed.R.Crim.P. 33. The notices of appeal...

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