United States v. Robert Elia Iannelli, A/K/A Bobby I

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from an order denying without an evidentiary hearing appellants’ motion for a new trial on the ground of newly discovered evidence. Fed.R.Crim.P. 33. Appellants were convicted of violations of the federal anti-gambling statute, 18 U.S.C. § 1955, and of conspiracy, 18 U.S.C. § 371. Appellant Iannelli was also convicted of violations of 18 U.S.C. §§ 1302 and 1342 (gambling offenses involving use of the United States Postal Service). The convictions were affirmed by this court 1 and by the Supreme Court. 2

The government’s case was…