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U.S. v. CULLIVER

No. 93-2277.

17 F.3d 349 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry A. CULLIVER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 25, 1994.

Attorney(s) appearing for the Case

Stephen A. Preisser, Asst. U.S. Atty., Pensacola, FL, for plaintiff-appellant.

Roderick D. Vereen, Asst. Federal Public Defender, Pensacola, FL, for defendant-appellee.

Before KRAVITCH and CARNES, Circuit Judges, and HAND, Senior District Judge.

KRAVITCH, Circuit Judge:

Appellee, Jerry Culliver, was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and was sentenced to 15 years of incarceration. Culliver's conviction was affirmed on direct appeal to this court, and the district court subsequently denied his petition to vacate or set aside his conviction. Culliver then filed a motion for a new trial based upon newly discovered evidence in the form of an apparent...

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