James Arthur Lindsey, Also Known as James Arthur Lindsay v. United States

HAMLEY, Circuit Judge.

On May 26, 1964, we affirmed the •conviction of James Arthur Lindsey on six counts of “committing fraud by wire,” in violation of 18 U.S.C. § 1343 (1964). Lindsey v. United States, 9 Cir., 332 F.2d 688. Thereafter, on July 30, 1964, the district court denied Lindsey’s first motion for a new trial, which had been made on the ground of newly discovered evidence pursuant to Rule 33, Federal Rules of Criminal Procedure. No appeal was taken from that order. On November 17, 1965, Lindsey filed a .second such motion. This motion was ■ denied on March 8, 1966, and Lindsey…