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U.S. v. PIAZZA

No. 10-40675.

647 F.3d 559 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Chad Allen PIAZZA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 22, 2011.

Attorney(s) appearing for the Case

John B. Ross , Asst. U.S. Atty. (argued), Beaumont, TX, Traci Lynne Kenner , Asst. U.S. Atty., Tyler, TX, for Plaintiff-Appellant.

Zachary Joseph Hawthorn (argued) (Court-Appointed), Hawthorn & Hawthorn, P.C., Beaumont, TX, for Defendant-Appellee.

Before DAVIS, PRADO and OWEN, Circuit Judges.

PRADO, Circuit Judge:

Defendant-Appellee Chad Piazza was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). At trial, the Government presented evidence that Chad sold two firearms to Robert Newsom. Shortly after sentencing, Chad filed a motion for new trial on the basis of newly discovered evidence that his brother, Jed Piazza, was the individual who sold Newsom the firearms. After a hearing on the motion, the district...

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