United States v. Atkins

MEMORANDUM OPINION

REGAN, District Judge.

Defendant was convicted on two counts of an indictment charging him with sales of a controlled substance in violation of Section 841(a), 21 U.S.C.1 On May 4, 1973, he was sentenced to consecutive terms of twelve years imprisonment on each count. *608The conviction was affirmed on November 9, 1973 in United States v. Atkins, 487 F.2d 287 (8 Cir. 1973). On May 8, 1975, defendant filed a “motion for new trial upon newly discovered evidence.” Counsel was appointed to represent defendant and an evidentiary hearing was held on the motion. After full…