466 F.2d 496 - United States v. Driver — 466 F.2d 496

How this case has been cited

Cited by 12 later decisions — most recently August 1997

12 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Summary Calendar.*

¶2Mattox S. Hair, Jacksonville, Fla. (court-appointed, not under ACT), for defendant-appellant.

¶3John L. Briggs, U. S. Atty., Rudy Hernandez, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

¶4Before BELL, DYER and CLARK, o 7 7 Circuit Judges.

¶6PER CURIAM:

¶7James 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).

¶8Affirmed.