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UNITED STATES v. KELLY

No. 85-5974.

790 F.2d 130 (1986)

UNITED STATES of America v. Richard KELLY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 9, 1986.

Attorney(s) appearing for the Case

Stephen J. Wein with whom Anthony S. Battaglia was on brief, for appellant.

Daniel S. Seikaly, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Roger M. Adelman, Asst. U.S. Attys., were on brief, for appellant.

Before WALD, SCALIA and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Abscam defendant and former Congressman Richard Kelly appeals from the District Court's denial of his motion for a new trial based on newly-discovered evidence in the form of several affidavits by an FBI informant, James Davenport. Davenport's affidavits state that, in late July or August of 1980, he posed as a disgruntled former FBI agent, visited Congressman Kelly's office, discussed...

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