Bernard Bloch v. United States

This is an appeal from an order denying a motion for a new trial.

The case, which involved charges of unlawful acquisition and sale of narcotics, was here at an earlier time on appeal from the judgment of conviction. We affirmed the judgment, 9 Cir., 226 F.2d 185 . Subsequent to our affirmance appellant filed his present motion, predicated largely on a claim or claims of newly discovered evidence.

The government’s chief witness on the trial was a Mr. Cantu, an agent of the Federal Bureau of Narcotics. He testified that in making his first purchase of narcotics from appellant he represented to the latter that he desired to obtain the drugs for girls (prostitutes) whom he stated he had in his employ. On that occasion — the date being September 24, 1953 — one Hernandez, an addict and government informer, was present, having gone with Cantu to appellant’s office and introduced him to appellant. Hernandez was subpenaed by the government as a witness on the trial but was not called to testify. Appellant did not subpena Hernandez nor call him to the stand.

In support of his motion for a new trial appellant produced an affidavit of Hernandez controverting Cantu’s testimony as to his…