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UNITED STATES v. PERSINGER

Crim. No. 81-184.

587 F.Supp. 899 (1984)

UNITED STATES of America v. Frank Owen PERSINGER.

United States District Court, W.D. Pennsylvania.

June 14, 1984.

Attorney(s) appearing for the Case

Paul J. Brysh, Asst. U.S. Atty., Pittsburgh, Pa., for plaintiff.

MEMORANDUM

MARSH, District Judge.

The defendant has filed a timely motion for new trial based on newly discovered evidence under Rule 33, Fed.R.Crim.P. It has been decided, within this court's discretion, to rule on the briefs without a hearing. United States v. Herman, 614 F.2d 369, 372 (3rd Cir.1980); United States v. Hamilton, 559 F.2d 1370 (5th Cir.1977).

The defendant...

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