The following excerpt is from U.S. v. Krasny, 607 F.2d 840 (9th Cir. 1979):
The decision, when based upon the proper legal standard, to grant or deny a motion for a new trial based upon newly discovered evidence is within the sound discretion of the trial judge. United States v. Craft, supra, 421 F.2d at 695; See, e. g.,
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