Is a motion for a new trial based on newly discovered evidence abused or abused?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kim, 993 F.2d 885 (9th Cir. 1993):

The Kims contend that the district court abused its discretion by denying their motion for a new trial based on newly discovered evidence and ineffective assistance of counsel. A motion for a new trial is reviewed for an abuse of discretion. See United States v. George, 960 F.2d 97, 101 (9th Cir.1992); United States v. Reyes-Alvarado, 963 F.2d 1184, 1188 (9th Cir.), cert. denied, 113 S.Ct. 258 (1992).

A. The Kims' Claim of Newly Discovered Evidence Fails to Meet the Requirements of Fed.R.Crim.P. 33.

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