ROMEO

v.

NEW YORK

Citator

Cited By

• United States v. Maestas, 523 F.2d 316 (10th Cir. 1975)
  …lationship cannot be considered “newly discovered.” Compare, United States v. Alper, 449 F. 2d 1223 (3rd Cir. 1971), cert. denied 405 U.S. 988, 92 S.Ct. 1248, 31 L.Ed.2d 453 (1972); Baca v. United States, 312 F. 2d 510 (10th Cir. 1962), cert. denied 373 U.S. 952, 83 S.Ct. 1682, 10 L.Ed.2d 706 (1963); United States v. Howell, 240 F. 2d 149 (3rd Cir. 1956); Johnson v. United States, 32 F. 2d 127 (8th Cir. 1929). Nor are we convinced by Maestas’ bald allegation that he could not have offered this evidence at…
• Natividad Baca v. United States, 383 F.2d 154 (10th Cir. 1967)
  …e previously considered the contention that appellant was improperly denied a new trial and found that “[t]he action taken by the trial judge was clearly within his sound discretion.” Baca v. United States, 312 F. 2d 510, 512 (10 CA 1962) cert. den. 373 U.S. 952, 83 S.Ct. 1682, 10 L.Ed.2d 706. A motion to vacate a sentence is not a substitute for an appeal, Carrillo v. United States, 332 F. 2d 202 (10 CA 1964); Johnston v. United States, 331 F. 2d 997 (10 CA 1964) cert. den. 384 U. S. 920, 86 S.Ct. 1371, 16…
• Robinson v. United States, 345 F.2d 1007 (10th Cir. 1965)
  …well settled that a motion for a new trial is addressed to the sound discretion of the trial judge and the action will be disturbed on appeal only on a showing of abuse of that discretion. Baca v. United States, 10 Cir., 312 F. 2d 510, cert. denied 373 U.S. 952, 83 S.Ct. 1682, 10 L.Ed.2d 706; Wion v. United States, supra; Apodaca v. United States, supra; Long v. United States, supra. We find no abuse of discretion in denying the motion. Other errors presented in Robinson’s brief have been considered and f…