United States v. Paul O'Dell

MILBURN, Circuit Judge.

Defendant Paul O’Dell appeals from the decision of the district court denying his motion for a new trial on the basis of newly discovered evidence under Fed.R.Crim.P. 33. For the reasons that follow, we affirm.

I

On February 10, 1983, defendant Paul O’Dell was indicted by a federal grand jury on one count of conspiracy to possess with the intent to distribute and to distribute heroin in violation of 21 U.S.C. § 846. He was also indicted on four counts of aiding and abetting another in the distribution of heroin in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2.

A…