What is the impact of the credibility of two witnesses to a Rule 33 motion?

Such a history, however, affects only the weight of their testimony. "[W]here the resolution of a Rule 33 motion depends on assessment of the credibility of the witnesses, it is proper for the court to refrain from setting aside the verdict and granting a new trial." United States v. McCourty, 562 F.3d 458, 476 (2d Cir. 2009) (internal quotation marks and alteration omitted). The credibility of both witnesses was probed extensively during cross-examination and the district court correctly instructed the jury to evaluate the value of the testimony with caution and to assess the totality of the evidence. This court has previously held that a district court does not abuse its discretion by denying a Rule 33 motion when the jury, in an informed manner, exercised its responsibility to weigh the credibility of testimony that a defendant later claims was perjured. See id. at 475-76.

Page 14