United States v. Bernard Leavitt Durgin, Iii, United States of America v. Connie Lee Fallang

BARNES, Circuit Judge:

These two cases, combined on appeal, present only one legal issue: was there error in the denial by the district court of defendants’ joint motion for a new trial based solely on the ground of newly discovered evidence? Thus, we do not here pass on the merits of the judgment of conviction. Each was appealed and each affirmed. (439 F.2d 685, decided March 11, 1971.)

The alleged newly discovered evidence was the fact that the paper wrapped about the marijuana (which was brought across the United States-Mexican border by defendants inside a suitcase in an automobile) had one…