Jerome Byrnes v. United States

The appellant, formerly an investigator in the Alcohol and Tobacco Tax Division of the Internal Revenue Service, was convicted on January 31, 1963, on Counts One through Five and Count Seven of an Indictment charging violations of Title 18 U.S.C. § 872 and § 202. The offenses involved were attempts to extort money from one W. David Tall-madge who was being investigated by appellant. A sentence of eighteen months was imposed on each count, the sentences to run concurrently. Appellant has long since served the sentences so imposed.

The conviction of appellant was the result of a third trial, the first trial resulting in a jury verdict of guilty and a new trial being granted by the trial judge. On the second trial the jury failed to agree on a verdict. After his conviction, appellant moved for a new trial which was denied and on appeal to this court the conviction was affirmed. Byrnes v. United States, 327 F.2d 825 (1964). The Supreme Court denied a petition for certiorari, 377 U.S. 970 , 84 S.Ct. 1652 , 12 L.Ed.2d 739 (1964). While serving his sentence, appellant moved for a new trial based on newly discovered evidence. The judgment of the trial court denying the motion was…