Can a motion for a new trial be denied on the same basis as a previous denial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Smith, 899 F.2d 1226 (9th Cir. 1990):
4 Although the district court based its denial on appellant's failure to allege new evidence in support of his motion for new trial, this court may affirm on the district court on any basis fairly supported by the record. See United States v. Burnette, 698 F.2d 1038, 1048 (9th Cir.), cert. denied, 461 U.S. 936 (1983).
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