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U.S. v. SMITH

No. 90-2257.

997 F.2d 674 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Terry SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 6, 1993.

Attorney(s) appearing for the Case

Louis P. McDonald, Albuquerque, for defendant-appellant.

Paula Burnett, Asst. U.S. Atty., Albuquerque, NM (Don J. Svet, U.S. Atty., and James T. Martin, Asst. U.S. Atty., Albuquerque, NM, on the brief), for plaintiff-appellee.

Before McKAY, Chief Judge, HOLLOWAY, Circuit Judge, and BELOT, District Judge.

HOLLOWAY, Circuit Judge.

Defendant-appellant Terry Smith, convicted after a jury in the District of New Mexico found him guilty of assault with a dangerous weapon with intent to do bodily harm, appeals from the district court's denial of his post-conviction motion for a new trial on the grounds of newly discovered evidence. Smith contends, inter alia, that the trial judge's comments caused his key witness for the hearing on the motion to claim her Fifth Amendment...

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