United States v. Frank Imbruglia

KUNZIG, Judge.

Appellant, convicted of conspiracy to receive, conceal, and sell stolen securities, 18 U.S.C. § 371, and of the substantive offense, 18 U.S.C. § 2315, seeks reversal of the district court’s denial of his motion for a new trial on the basis of newly discovered evidence. The question, in accordance with the Supreme Court’s decision in United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976), 1 is whether this new ly discovered evidence creates a reasonable doubt that would not otherwise exist about appellant’s conviction. Having examined the new evidence in the…