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U.S. v. TURNS

No. 98-4474.

198 F.3d 584 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Douglas TURNS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 5, 2000.

Attorney(s) appearing for the Case

Terry Lehmann, Office of the U.S, Attorney, Cincinnati, Ohio, J. Michael Marous (argued and briefed), Office of the U.S. Attorney, Columbus, Ohio, for Plaintiff-Appellant.

Gary W. Deeds (argued and briefed), Columbus, Ohio, for Defendant-Appellee.

Before: COLE and GILMAN, Circuit Judges; CARR, District Judge.

OPINION

GILMAN, Circuit Judge.

This is an appeal from the district court's order granting Douglas Turns's motion for a new trial. Turns was convicted on one count of knowingly possessing and transferring a machine gun in violation of 18 U.S.C. §§ 922(o)(1) and 924(a)(2). Pursuant to Rule 33 of the Federal Rules of Criminal Procedure, Turns timely filed a motion for a new trial, alleging that his sister, Starlet Turns, possessed "newly discovered...

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