Summary
affirming ruling that a motion for discovery under Rule 16 was unavailable after conviction
Summary of this case from United States v. RhoneOpinion
No. 29324 Summary Calendar.
July 20, 1970.
Lorenzo Richard Farnell, pro se.
Robert W. Rust, U.S. Atty., Miami, Fla., Neal R. Sonnett, Asst. U.S. Atty., for respondents-appellees.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
Appellant is a federal convict serving a two-year sentence for violating Title 26 U.S.C. § 4704(a). He is not attacking that conviction, but he filed a petition in the court below seeking to have certain evidence produced for his inspection and other evidence suppressed. As the district court stated, motions for discovery and inspection and for suppression of evidence are available prior to trial but not at this late date. Rule 16, F.R.Crim.P.; United States v. Kessler. The judgment of the district court is affirmed.
Pursuant to our Rule 18 this case is decided without oral argument.
253 F.2d 290 (2d Cir. 1958).