Court of Appeals for the Ninth Circuit June 28, 1955, 14348_1 (Mario Balestreri v. United States)

JAMES M. CARTER, District Judge.

This case arises on Balestreri’s appeal from the order of the district court deny

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ing his motion, made after his conviction had become final for a new trial on the ground of newly discovered evidence, under Rule 33, Rules of Criminal Procedure, Title 18 U.S.C.A.

The defendant, Mario Balestreri, was indicted on March 7, 1952.