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U.S. v. WEST

No. CR 95-AR-0091-S.

103 F.Supp.2d 1301 (2000)

UNITED STATES of America, v. Roy Mack WEST, a.k.a. Teeny Man.

United States District Court, N.D. Alabama, Southern Division.

June 20, 2000.

Attorney(s) appearing for the Case

G. Douglas Jones, U.S. Atty's Office, Birmingham, AL, Richard S. Jaffe, Jaffe, Strickland, Beasley & Drennan, PC, Robert B. French, Jr., Victoria D. Little, Decatur, GA, for Roy Mack West.

Harry K. Hays, Chatanooga, TN, Susan G. James, Susan G. James & Assoc., Montgomery, AL, David R. Arendall, Birmingham, AL, J. Stephen Salter, Birmingham, AL, Emory Anthony, Jr., Birmingham, AL, for Leroy Steven Wofford.

Roy R. Barrera, Sr., Nicholas & Barrera, PC, San Antonio, TX, for Edward Wilson Perkins.

Christopher W. Duncan, Toccoa, GA, for Robert Douglas Williams.

G. Douglas Jones, Herbert H. Henry, III, Joyce White Vance, Robert P. McGregor, Jr., U.S. Atty's Office, Birmingham, AL, for U.S.

MEMORANDUM OPINION

ACKER, District Judge.

On May 18, 2000, within minutes after this court, pursuant to the express mandate of the Eleventh Circuit, re-sentenced defendant, Roy Mack West ("West" or "defendant"), a pre-prepared motion for a new trial, invoking Rule 33, F.R.Cr.P., was filed. The court now considers West's said motion.

On August 23, 1995, when the jury found West guilty under both Counts One and Two of the indictment, Rule 33...

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