466 F2d 496 United States v. Driver
466 F.2d 496
UNITED STATES of America,
James Albert DRIVER, Defendant-Appellant.
No. 72-1719 Summary Calendar.*
United States Court of Appeals,
July 26, 1972.
Rehearing Denied Aug. 22, 1972.
Mattox S. Hair, Jacksonville, Fla. (court-appointed, not under ACT), for defendant-appellant.
John L. Briggs, U.S. Atty., Rudy Hernandez, Asst. U.S. Atty., Jacksonville, Fla., for plaintiff-appellee.
Before BELL, DYER and CLARK, Circuit Judges.
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. Sec. 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).