Sylvester Atkins v. United States

Sylvester Atkins was convicted of two counts of distribution of heroin in violation of 21 U.S.C. § 841(a)(1) and was sentenced to serve consecutive prison terms of 12 years on each count and consecutive special parole terms of three years each. His conviction was affirmed by this court, United States v. Atkins, 487 F.2d 257 (8th Cir. 1973). On May 8, 1975, Atkins filed a motion for a new trial on the ground of newly discovered evidence. After an evidentiary hearing the motion was denied. The order denying a new trial was affirmed by this court, United States v. Atkins, 545 F.2d 1153 (8th Cir.…