McAteer v. United States, 148 F.2d 992 (5th Cir. 1945). · Go Syfert
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McAteer v. United States, 148 F.2d 992 (5th Cir. 1945). Cases Citing This Book View Copy Cite
12 citation events (1 in the last 25 years) across 9 distinct courts.
Strongest positive: Whittaker v. State (minn, 2008-07-31)
Statutes interpreted (leading-cases list)
#9 21 U.S.C.A. § 171 cited 1× in this case · 24 total citations of statute
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Whittaker v. State
Minn. · 2008 · confidence medium
See United States v. Dale, 991 F.2d 819, 838-39 (D.C.Cir.1993) ("The unanimous view of circuits that have considered the question is that [the requirement that the evidence be discovered after trial] is not met simply by offering the post-trial testimony of a co-conspirator who refused to testify at trial.”); see also United States v. Reyes-Alvarado, 963 F.2d 1184, 1188 (9th Cir.1992) (stating that post-trial statement of codefendant who refused to testify at trial does not constitute newly-discovered evidence); United States v. Offutt, 736 F.2d 1199, 1202 (8th Cir.1984) (same); United State…
discussed Cited as authority (rule) United States v. Carlin
N.D. Ga. · 1983 · confidence medium
See United States v. Diggs, 649 F.2d 731, 740 (9th Cir.), cert. denied, 454 U.S. 970 , 102 S.Ct. 516 , 70 L.Ed.2d 387 (1981); United States v. Gloria, 494 F.2d 477, 484 (5th Cir.), cert. denied, 419 U.S. 995 , 95 S.Ct. 306 , 42 L.Ed.2d 267 (1974); United States v. Jacobs, 475 F.2d 270 , 286 n. 33 (2d Cir.), cert. denied, 414 U.S. 821 , 94 S.Ct. 116 , 38 L.Ed.2d 53 (1973); United States v. Bujese, 371 F.2d 120, 124-25 (3d Cir.1967); McAteer v. United States, 148 F.2d 992, 993 (5th Cir.1945); Coplin v. United States, 88 F.2d 652, 665 (9th Cir.), cert. denied, 301 U.S. 703 , 57 S.Ct. 929 , 81 L.E…
discussed Cited as authority (rule) Jones v. Scurr
Iowa · 1982 · confidence medium
Such self-acknowledged tactical decision not to call the informant, when he was in fact accessible as a defense witness, effectively forecloses any subsequent attempt on the part of appellant to urge successfully that such testimony represents newly discovered evidence .... ”); United States v. Bujese, 371 F.2d 120, 125 (3rd Cir. 1967) (no error to deny new trial on basis of post-trial confession by defendant’s brother); McAteer v. United States, 148 F.2d 992, 993 (5th Cir. 1945) (no abuse of discretion to deny new trial based on exculpatory evidence of convicted code-fendant who refused t…
cited Cited as authority (rule) United States v. Richard L. Bujese, Bryant T. Hutchins, Jeffrey D. Bujese. Richard L. Bujese
3rd Cir. · 1967 · confidence medium
McAteer v. United States, 148 F.2d 992, 993 (5 Cir. 1945).
cited Cited "see" United States v. Eugenio Alvarado, Oscar Abelenda and Roniel Marcos Medina
5th Cir. · 1990 · signal: see · confidence high
See McAteer v. United States, 148 F.2d 992 (5th Cir.1945); United States v. Diggs, 649 F.2d 731 (9th Cir.), cert. denied, 454 U.S. 970 , 102 S.Ct. 516 , 70 L.Ed.2d 387 (1981).
McATEER
v.
UNITED STATES
No. 11223.
Court of Appeals for the Fifth Circuit.
May 3, 1945.
148 F.2d 992
Roy A. Scott, of Corpus Christi, Tex., for appellant., Brian S. Odem, U. S. Atty., and O’Neal Moiris, Asst. U. S. Atty., both of Houston, Tex., for appellee.
Holmes, McCord, Waller.
Cited by 12 opinions  |  Published
McCORD, Circuit Judge.

Katherine McAteer was indicted and convicted with two others for a violation of the Narcotic Drugs, Import and Export Act, 21 U.S.C.A. § 171 et seq., and for a further violation of the Harrison Anti-Narcotic Act, 26 U.S.C.A. Int.Rev.Code §§ 2550 et seq., 3220 et seq. She was sentenced to serve three years in a penal institution and to pay a fine of $500. Thereafter, Katherine McAteer moved for a new trial, assigning as the only ground therefor, newly discovered evidence.

Sidney D. Vowell, one of the defendants convicted with the defendant, and who declined to testify on the trial, was offered as a witness in support of the motion. Vowell’s evidence disclosed that the three defendants had been traveling together in a Buick car which belonged to the defendant; that she loaned the car to the two men who crossed the river into Mexico and purchased a quantity of heroin and returned with it into the United States; that she joined the two men and while they had stopped at a filling station to service the car, Vowell recognized officers who passed them and he thereupon secreted a part of the heroin in Katherine McAtcer’s handbag, which was on the front seat of her car, she having gone into the filling station. This was substantially all the material evidence offered in support of the motion. The court overruled the motion and the defendant appealed.

The trial court found and was warranted in finding that the evidence of Vowell was not newly discovered, but was known or could have been known by the diligence of defendant or her counsel. It has been many times held that such evidence is not sufficient upon which to grant a new trial. Coplin v. United States, 9 Cir., 88 F.2d 652, certiorari denied 301 U.S. 703, 57 S.Ct. 929, 81 L.Ed. 1357; La Belle v. United States, 5 Cir., 86 F.2d 911.

It is well settled that the disposition of a motion for a new trial rests within the sound discretion of the trial judge, and error will not be predicated upon his action thereon unless abuse of discretion is shown. Dale v. United States, 7 Cir., 66 F.2d 666, certiorari denied Massey v. United States, 291 U.S. 669, 54 S.Ct. 454, 78 L.Ed. 1059; Nichols v. Republic Iron & Steel Co., 5 Cir., 89 F.2d 927; Weiss v. United States, 5 Cir., 122 F.2d 675, certiorari denied 314 U.S. 687, 62 S.Ct. 300, 86 L.Ed. 550; Luke v. United States, 5 Cir., 84 F.2d 711, certiorari denied, 299 U.S. 542, 57 S.Ct. 45, 81 L.Ed. 399; Prisament v. United States, 5 Cir., 96 F.2d 865.

The trial court did not abuse its discretion in overruling the motion for a new trial, and the judgment is affirmed.