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U.S. v. DUCATO

No. 95 CR 189.

968 F.Supp. 1310 (1997)

UNITED STATES of America, Plaintiff, v. Philip DUCATO, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

July 1, 1997.

Attorney(s) appearing for the Case

George Pappas, Neville, Pappas & Mahoney, Chicago, IL, Carl Peter Clavelli, Chicago, IL, for defendant.

Duane Deskins, Amy St.Eve, U.S. Atty's Office, Chicago, IL, for U.S.

MEMORANDUM AND ORDER

MANNING, District Judge.

Defendant Philip Ducato ("Ducato"), through his counsel, moves this court for a new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure based on newly discovered evidence. For the reasons below, Defendant's motion for new trial is denied.

BACKGROUND

Following a jury trial, Ducato was found guilty of conspiracy to distribute five kilograms of cocaine in violation of 21 U.S.C...

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