United States v. Richard Edwin Draper

SMITH, District Judge.

Appellant was convicted for failing to report for civilian work in violation of 50 U.S.C. App. § 462. His conviction was affirmed in Draper v. United States, No. 25,199 (9th Cir., decided December 14, 1970). Following the mandate appellant moved for a new trial on the ground of newly discovered evidence. We assume for the purposes of this opinion that the evidence was new and was diligently discovered in accordance with the rule announced in Balestreri v. United States, 224 F.2d 915 (9th Cir. 1955).

The facts pertinent to this appeal and the order denying the motion for…