United States v. Anthony Fernandez

401 F.2d 183

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 18, 1968
• Docket: 22596_1
• Status: Published

Opinion

PER CURIAM:

Anthony Fernandez appeals from an order denying his motion for a new trial on the ground of newly-discovered evidence. This is Fernandez’ fourth motion for a new trial, his three previous motions, and a motion for relief under 28 U. S.C. § 2255, having been denied. He was convicted in December, 1962 on several counts of two indictments charging interstate frauds in violation of 18 U.S.C. § 2314 (1964), and conspiracy, in violation of 18 U.S.C. § 371 (1964). Our decision affirming the conviction became final on April 29, 1964. Fernandez v. United States, 9 Cir., 329 F.2d 899.

Our examination of the record convinces us that the district court did not abuse its discretion in denying the motion.

Affirmed.