United States v. Guy Stephen Wertz, United States of America v. George William Vaughn, United States of America v. Thomas Jefferson Clyburn

DONALD RUSSELL, Circuit Judge:

After trial and conviction under a narcotics charge, but prior to sentencing, counsel for the defendants orally moved the district court, for a new trial on the ground that certain testimony should have been suppressed, and alleged that the motion could not have been timely made under provisions of Rule 12(b)(3) because of lack of knowledge that the facts would reveal those matters disclosed at the trial. The motion was denied by the district court and this appeal followed. We affirm.

The facts leading to this prosecution are unusual to say the least. And they are…