United States v. Guido Rocco, John Martin Neiman, Anthony R. La Duca, Herman Levine, Anthony R. La Duca

OPINION OF THE COURT

ADAMS, Circuit Judge.

Anthony La Duca appeals from a denial by the district court of his motion for a new trial, which had been predicated upon newly discovered evidence. La Duca had premised his motion on an affidavit by one John Neiman stating that he was now prepared to testify to La Duca’s innocence. Neiman was the other principal participant in the activities for which La Duca had been convicted. The trial judge denied the motion, reasoning that inasmuch as La Duca had not sought to compel Neiman’s testimony at the trial by requesting that the government confer use…