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U.S. v. DAYTON

No. 91-5838.

981 F.2d 1200 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Martin DAYTON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 26, 1993.

Attorney(s) appearing for the Case

Stephen J. Goldstein, Miami, FL, for defendant-appellant.

Dexter Lehtinen, U.S. Atty., Laura W. Bonn, Harriett Galvin, Linda Collins Hertz, Miami, FL, for plaintiff-appellee.

Before TJOFLAT, Chief Judge, EDMONDSON, Circuit Judge, and DYER, Senior Circuit Judge.

DYER, Senior Circuit Judge:

Martin Dayton was convicted of conspiracy and mail fraud. His conviction was affirmed by this court in an unpublished per curiam opinion. United States v. Dayton and Sayegh, 869 F.2d 1500 (1989). Dayton is presently appealing the denial of a motion for a new trial based upon newly discovered evidence pursuant to Rule 33, Fed.R.Crim.P. We review the district court's decision that it lacked jurisdiction to consider the...

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