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U.S. v. FRUTH

No. 93-3690.

36 F.3d 649 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Mark W. FRUTH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1994.

Attorney(s) appearing for the Case

John W. Vaudreuil, Asst. U.S. Atty., Timothy O'Shea (argued), Office of the U.S. Atty., Madison, WI, for plaintiff-appellee.

Charles W. Giesen, Morris D. Berman (argued), Madison, WI, for defendant-appellant.

Before POSNER, Chief Judge, BAUER, Circuit Judge, and ASPEN, District Judge.

ASPEN, District Judge.

Following a jury trial, Mark Fruth was convicted of conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1). Prior to Fruth's sentencing, the government disclosed that it had obtained information after the trial which suggested that a government witness had testified falsely. On the basis of this revelation, Fruth filed motions for a new trial and to disclose the identity of the DEA informant...

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