United States v. O'Malley
Court of Appeals for the Seventh Circuit
1Opinion of the Court
ROVNER, Circuit Judge.
Duane “Butch” O’Malley is serving ten years in prison for violating the Clean Air Act by improperly removing and disposing of insulation containing regulated asbestos. See 42 U.S.C. § 7413(c)(1); 40 C.F.R. §§ 61.145, 61.149, 61.150, 61.154. After we upheld his convictions on direct appeal, United States v. O’Malley, 789 F.3d 1001 (7th Cir. 2014), O’Malley filed in the district court what he dubbed a motion under Federal Rule of Criminal Procedure 33(b)(1) for a new trial based on newly discovered evidence. That rule authorizes a district court to grant a timely request…
2Cases cited48 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Giglio v. United StatesSupreme Court of the United States · 1972
- McQuiggin v. PerkinsSupreme Court of the United States · 2013
- Castro v. United StatesSupreme Court of the United States · 2003
- United States v. International Minerals & Chemical Corp.Supreme Court of the United States · 1971
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