UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JAMES ALBERT DRIVER, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
JAMES ALBERT DRIVER, DEFENDANT-APPELLANT
466 F.2d 496
Court of Appeals for the Fifth Circuit (1972)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM:
James Albert Driver was convicted of falsely and fraudulently completing, forging, or uttering various postal money orders in violation of 18 U.S.C.A. § 500. Pending an appeal of his conviction, subsequently affirmed by this court, 462 F. 2d 808 (5th Cir. 1972), Driver made a motion for new trial based on newly discovered evidence. Fed.R.Crim.P. 33. From a denial of that motion, the present appeal is taken. The district judge quite properly considered the motion even though appeal of the conviction was pending, United States v. Smith, 433 F. 2d 149, 152 (5th Cir. 1970), and finding no abuse of discretion in his denial thereof, we affirm. United States v. Stephenson, 448 F. 2d 768 (5th Cir. 1971); United States v. Crane, 445 F. 2d 509, 516 (5th Cir. 1971).
Affirmed.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Crane, 445 F.2d 509 (5th Cir. 1971)
- United States v. Smith, 433 F.2d 149 (5th Cir. 1970)
- United States v. Stephenson, 448 F.2d 768 (5th Cir. 1971)
- United States v. Driver, 462 F.2d 808 (5th Cir. 1972)