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United States v. Granger

United States Court of Appeals, Ninth Circuit
Sep 24, 1974
504 F.2d 585 (9th Cir. 1974)

Opinion

No. 73-2864.

September 24, 1974.

John S. Lane, Long Beach, Cal., for defendant-appellant.

Steven Rathfon, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Appeal from the District Court for the Central District of California.

Before TRASK and GOODWIN, Circuit Judges, and ENRIGHT, District Judge.

Honorable William B. Enright, United States District Judge for the Southern District of California, sitting by designation.


OPINION


Appellant Granger challenges the District Court's denial of a motion for a new trial after a conviction for violations of 18 U.S.C. § 472, 473, transfer and possession of counterfeit money, We affirm.

The conviction of appellant was affirmed by this court. 475 F.2d 1022 (9th Cir.), cert. denied, 412 U.S. 929, 93 S.Ct. 2757, 37 L.Ed.2d 157 (1973). A new trial is sought because of the presence of "newly discovered" evidence. A full hearing was held by the trial court on appellant's motion.

It is well settled that the scope of review of a denial of a motion for a new trial is narrow and reversal will be ordered only when it is clear that the District Court abused its discretion. United States v. Craft, 421 F.2d 693, 695 (9th Cir. 1970); Pitts v. United States, 263 F.2d 808, 810-811 (9th Cir.), cert. denied, 360 U.S. 919, 79 S.Ct. 1438, 3 L.Ed.2d 1535 (1959).

A review of the record clearly discloses that the evidence relied upon by the appellant was not newly discovered and unknown to the defendant at the time of trial. Nor would the evidence probably have produced an acquittal. United States v. Cativiela, 460 F.2d 192 (9th Cir. 1972) (per curiam).

Judgment affirmed.


Summaries of

United States v. Granger

United States Court of Appeals, Ninth Circuit
Sep 24, 1974
504 F.2d 585 (9th Cir. 1974)
Case details for

United States v. Granger

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. FREDERICK ISIAH GRANGER…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 24, 1974

Citations

504 F.2d 585 (9th Cir. 1974)

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