UNITED STATES v. O'DELL

No. 85-1414.

805 F.2d 637 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Paul O'DELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 17, 1986.


Attorney(s) appearing for the Case

Juanita Temple, Asst. U.S. Atty., for plaintiff-appellee.

Miriam Hirsch Sheline, (Court-appointed), Cincinnati, Ohio, for defendant-appellant.

Before WELLFORD, MILBURN and BOGGS, Circuit Judges.


MILBURN, Circuit Judge.

Defendant Paul O'Dell appeals from the decision of the district court denying his motion for a new trial on the basis of newly discovered evidence under Fed.R.Crim.P. 33. For the reasons that follow, we affirm.

I.

On February 10, 1983, defendant Paul O'Dell was indicted by a federal grand jury on one count of conspiracy to possess with the intent to distribute and to distribute heroin in violation of 21 U.S.C. § 846....

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