What is the legal standard applicable to a motion for a new trial?

If, as Showalter argues, the district court believed that it should apply the legal standard applicable to a motion for a new trial, the court presumably would have stated that the motion should be granted "only in exceptional cases in which the evidence preponderates heavily against the verdict." United States v. Pimentel, 654 F.2d 538, 545 (9th Cir.1981). It did not do so.

The district court's analysis itself demonstrates that the court used the appropriate standard. The court followed United States v. Garcia, 401 F.3d 1008, 1010-11 (9th Cir.2005), in which we considered the question of when a witness's declaration will constitute "newly discovered evidence" sufficient to justify the withdrawal of a defendant's guilty plea.