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U.S. v. CHRISTY

Nos. 92-6973, 92-6999.

3 F.3d 765 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Carl Robert CHRISTY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Carl Robert CHRISTY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1993.

Attorney(s) appearing for the Case

Frank Joseph Petrella, Atlanta, GA, argued, for defendant-appellant.

Cynthia Ann Young, U.S. Dept. of Justice, Washington, DC, argued (Margaret Person Currin, U.S. Atty., J. Douglas McCollough, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, HALL, Circuit Judge, and FABER, District Judge for the Southern District of West Virginia, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Carl Robert Christy appeals the district court's denial of his motion for a new trial based upon newly discovered evidence. We affirm.

I.

In July 1989, Christy was convicted in a jury trial of conspiring to possess with the intent to distribute more than five kilograms of cocaine, 21 U.S.C. § 846, and sentenced to 300 months of imprisonment to be followed by five years of supervised release. This Court...

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