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U.S. v. MAGDALENER

No. CR 87-8-H-CCL.

718 F.Supp. 1475 (1988)

UNITED STATES of America, Plaintiff, v. Franz Bernhard MAGDALENER, Jay Pinder, et al., Defendants.

United States District Court, D. Montana, Helena Division.

May 13, 1988.

Attorney(s) appearing for the Case

James E. Syekora, Asst. U.S. Atty., Billings, Mont., for plaintiff.

Philip G. Butler, Jr., West Palm Beach, Fla., Robert J. Sewell, Jr., Helena, Mont., for defendants.

MEMORANDUM AND ORDER

LOVELL, District Judge.

Defendant Jay Pinder moves for a new trial pursuant to Fed.R.Crim.P. 33 on the ground of newly discovered evidence. Although Pinder's motion was filed after his appeal was taken, the Ninth Circuit Court of Appeals granted a limited remand for the purpose of allowing this court to consider the motion.

Pinder's motion for new trial is premised on three grounds: the purported recantation of testimony and...

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