161980P.pdf   03/30/2017  United States  v.  Philip Delgrosso
   U.S. Court of Appeals Case No:  16-1980
                          and No:  16-1981
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Benton, 
   Circuit Judge] 
   Criminal case - Criminal law and sentencing. The district court did not 
   err in denying defendants' motions for new trial based on newly-discovered 
   evidence as the affidavit defendants rely on would have been inadmissible 
   and had affiant testified, he would have been subject to impeachment based 
   on his seven felony convictions; further, the evidence, even if believed, 
   was not likely to lead to an acquittal; the motion for new trial raising a 
   possible issue of government misconduct in connection with a Brady claim 
   was untimely; even if it had been timely, the material was irrelevant or 
   contradicted by strong evidence and it was not error to deny the request 
   for new trial; no error in giving a willful blindness instruction on the 
   facts present in the case; the evidence was sufficient to support 
   defendant Delgrasso's convictions on drug conspiracy and money laundering 
   conspiracy charges; no error in denying Delgrasso's request for 
   safety-valve sentencing as he had not truthfully provided all information 
   concerning the offenses.