United States v. Sylvester Atkins

Sylvester Atkins appeals from the District Court’s 1 denial of his motion for a new trial based on newly discovered evidence. We affirm.

The appellant was indicted and charged with three counts of distributing a controlled substance (heroin) in violation of 21 U.S.C. § 841(a)(1). At trial, the government’s case was based largely on the testimony of Bert Dilworth, a self-confessed narcotics addict and a paid informant of the Office for Drug Abuse Law Enforcement (DALE). Dilworth testified that, on two separate occasions, he purchased heroin from the appellant at the direction, and under the…