United States v. Ruben Fournier

BOWNES, Circuit Judge.

On September 7, 1977, Ruben Fournier Ortiz pleaded guilty to possession of cocaine with intent to distribute. 21 U.S.C. § 841(a)(1). At the hearing on his plea, the government represented that Fournier delivered an ounce of cocaine to a codefendant, Angel Robles Bauza, who in turn sold it to a government informant in Ponce, Puerto Rico. Fournier was sentenced on October 14, 1977, to eight years imprisonment and a three year term of special parole.

Over three months later, on January 20, 1978, Fournier filed, through new counsel, a “Motion for New Trial Based on New Evi…