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U.S. v. PEAKE

No. 16-2356.

874 F.3d 65 (2017)

UNITED STATES of America, Appellee, v. Frank PEAKE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

October 23, 2017.

Attorney(s) appearing for the Case

David Oscar Markus , with whom Mona E. Markus , A. Margot Moss , and Markus/Moss PLLC, Miami, FL, were on brief, for appellant.

Sean Sandoloski , Attorney, Antitrust Division, United States Department of Justice, with whom Brent Snyder , Acting Assistant Attorney General, James J. Fredricks and Lisa M. Phelan , Attorneys, Antitrust Division, were on brief, for appellee.

Before Howard, Chief Judge, Selya and Lipez, Circuit Judges.

Defendant-appellant Frank Peake, smarting under the double sting of his conviction for antitrust conspiracy and this court's affirmance of that conviction, asked the district court to wipe the slate clean and grant him a new trial based on freshly discovered evidence. The district court demurred. Peake appeals. After careful...

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