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U.S. v. DEL-VALLE

No. 08-1234.

566 F.3d 31 (2009)

UNITED STATES of America, Appellee, v. Douglas Gorbea DEL-VALLE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 12, 2009.

Attorney(s) appearing for the Case

Lorenzo J. Palomares and Lorenzo Palomares, P.S.C. on brief for appellant.

Nelson Pérez-Sosa, Assistant United States Attorney, Germán A. Rieckehoff, Assistant United States Attorney, and Rosa Emilia Rodríguez-Vélez, United States Attorney, on brief for appellee.

Before LYNCH, Chief Judge, SELYA and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

This appeal is about the denial of a new trial to a convicted significant drug conspirator. Even given that we are the only circuit which has ruled that an affidavit from a convicted codefendant who refused to testify at trial may be used to support a new trial motion because it was "unavailable" at trial, this defendant's appeal fails.

Douglas Gorbea Del-Valle, the appellant here, and José Ramón Hernández-Rodríguez...

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