UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
PAUL W. GRANVILLE, DEFENDANT-APPELLANT
PER CURIAM:
On October 3, 1983, this Court affirmed the conviction of Paul W. Granville on one count of possessing counterfeit money. United States v. Granville, 716 F. 2d 819 (11th Cir.1983). On petition for rehearing, the defendant correctly pointed out that the court had not considered defendant’s appeal from the denial of a motion for new trial, filed by defendant and ruled upon by the district court after this appeal had been filed but on a court-ordered remand for a hearing on the motion.
The petition for rehearing is granted for the limited purpose of considering whether the district court erred in denying the motion for a new trial. The motion carefully set forth alleged “newly-discovered evidence” and the effect it would have had upon the trial. The Government filed a response asserting several reasons why the motion should be denied under settled law concerning such matters. The district court denied the motion “for the reasons outlined in the Government’s response” to the motion. After consideration of the record and the supplemental brief filed by Granville addressing this issue, we hold that, under the standard of review permitted in such matters, the denial of a new trial must be affirmed.
For the reasons set forth in the original opinion of this Court and in this opinion, the judgment of conviction is hereby
AFFIRMED.
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United States v. Augustin Alvarez, 755 F.2d 830 (11th Cir. 1985)…piracy is not required. A defendant’s knowing participation in the conspiracy may be established through proof of surrounding circumstances, such as acts committed by the defendant that furthered the purpose of the conspiracy. United States v. Bain, 736 F. 2d 1480, 1485 (11th Cir. 1984); see also United States v. Garcia, 721 F. 2d 721, 725 (11th Cir.1983) (“A defendant’s involvement as a conspirator may be shown through knowledge of the conspiracy and association with coconspirators combined with other circum…
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United States v. Meester, 762 F.2d 867 (11th Cir. 1985)…ir.), cert. denied, — U.S.-, 104 S.Ct. 275, 276, 78 L.Ed.2d 256 (1983). A defendant’s knowing participation in the conspiracy may be established by proof of acts committed by him that furthered the purpose of the conspiracy. United States v. Bain, 736 F. 2d 1480, 1485 (11th Cir.), cert. denied, — U.S. -, 105 S.Ct. 340, 83 L.Ed.2d 275 (1984). The elements of the conspiracy may be proved by circumstantial evidence. Blasco, 702 F. 2d at 1330. Meester does not deny the existence of a conspiracy to possess ma…
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United States v. Terzado-Madruga, 897 F.2d 1099 (11th Cir. 1990)…771 (11th Cir.1984). A defendant’s knowing participation in the conspiracy may be established through proof of surrounding circumstances, such as acts committed by the defendant which furthered the purpose of the conspiracy. United States v. Bain, 736 F. 2d 1480, 1485 (11th Cir.), cert. denied, 469 U.S. 937, 105 S.Ct. 340, 83 L.Ed.2d 275 (1984). The superseding indictment in this case alleged twenty overt acts committed by Terzado and his co-conspirators in furtherance of the conspiracy. Since the governme…
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- United States v. Granville, 716 F.2d 819 (11th Cir. 1983)