United States v. Willie Sloan

Appellant’s conviction under 21 U.S.C. § 176a was affirmed by this court on an earlier appeal. Appellant now seeks review of the district court’s denial of his motion for a new trial.

The motion was based upon (1) the alleged suppression by the government of information concerning the whereabouts of an unindicted co-conspirator named Robinson, and (2) the presentation by the government of the testimony of a second unindicted co-conspirator named Bucher, which testimony, appellant alleges, the government knew to be perjured.

We affirm.

(1) The district court could reasonably find from the evidence before it, especially the testimony of Special Agent Thaine Ellis, that the government lost contact with Robinson some months before appellant’s trial and did not know his whereabouts. Robinson’s own affidavits, submitted by appellant in support of his motion, do not contradict this finding. With the issue of suppression decided in the government’s favor, the only remaining question was whether Robinson’s “newly discovered” testimony required a new trial. Each factual assertion of any relevance in Robinson’s affidavits was directly refuted by the testimony of Ellis and Bucher. The…