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U.S. v. MENARD

No. 90-5540.

939 F.2d 599 (1991)

UNITED STATES of America, Appellee, v. John Joseph MENARD, Sr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1991.

Attorney(s) appearing for the Case

Lee C. McCahren, Pierre, S.D., for appellant.

Dennis R. Holmes, argued, Pierre, S.D., for appellee. Dennis R. Holmes, Pierre, S.D. and Philip N. Hogen, Sioux Falls, S.D., on the brief.

Before FAGG, WOLLMAN and MAGILL, Circuit Judges.

PER CURIAM.

After a jury convicted John Joseph Menard, Sr. of assault with a dangerous weapon and use of a firearm during a crime of violence, Menard filed a motion for a new trial based on newly discovered evidence. See Fed.R.Crim.P. 33. The district court denied the motion. Menard appeals and we affirm.

Menard filed three affidavits in the district court to support his motion for a new trial. Menard's trial counsel stated members of Menard's family...

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