United States v. Benny E. Avery and Joseph W. Boothman

After examining the briefs and the appellate record, this three judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Circuit R. 10(e). The case is therefore ordered submitted without oral argument.

Appellants Benny E. Avery (Avery) and Joseph W. Boothman (Boothman) seek to appeal two orders entered by the United States District Court for the District of Kansas. The first order denied defendants’ motion for a new trial based on newly discovered evidence. This order was dated and filed…