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U.S. v. McKELLAR

No. 85-1558.

798 F.2d 151 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Duncan Lawrence McKELLAR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 22, 1986.

Attorney(s) appearing for the Case

Gerald H. Goldstein, San Antonio, Tex., Eugene Xerxes Martin, III, Dallas, Tex., for defendant-appellant.

Jack Curtis Williamson, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GEE, RANDALL, and DAVIS, Circuit Judges.

GEE, Circuit Judge:

Duncan McKellar was convicted of making false statements to two federally insured lending institutions in connection with the development of projects in the Dallas area known popularly as the "I-30 Condos." McKellar filed a motion for a new trial, based on newly-discovered evidence, alleging that the prosecutor withheld exculpatory information, a Brady violation. The district court denied that motion, from which denial McKellar now appeals...

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