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U.S. v. SCHAFFER

No. 99-3153.

214 F.3d 1359 (2000)

UNITED STATES of America, Appellant v. Archibald R. SCHAFFER III, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 2000.

Attorney(s) appearing for the Case

Charles M. Kagay, Chief Appellate Counsel, Office of Independent Counsel, with whom Donald C. Smaltz, Independent Counsel, Joseph P. Guichet, Senior Associate Independent Counsel, and Wil Frentzen, Associate Independent Counsel, were on the briefs, argued the cause for appellant.

William H. Jeffress, Jr., with whom Joe R. Caldwell, Jr., Scott L. Nelson, Grant R. Vinik, and Woody Bassett were on the brief, argued the cause for appellee.

Before EDWARDS, Chief Judge, HENDERSON, Circuit Judge, and BUCKLEY, Senior Circuit Judge.

Opinion for the court filed by Senior Judge BUCKLEY.

BUCKLEY, Senior Judge:

In 1998, Archibald R. Schaffer III was convicted of attempting to influence the Secretary of Agriculture in violation of the Meat Inspection Act. The United States appeals the district court's decision to grant Schaffer a new trial based on "newly discovered evidence." Because we find that Schaffer was not diligent in his efforts to procure the evidence before his trial and that the...

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