What is the standard of review in Rule 33 cases involving a finding that the verdict was against the weight of the evidence?
MultiRegion, United States of America
The following excerpt is from U.S.A. v. Ferguson, 246 F.3d 129 (2nd Cir. 2000):
1. The government suggests that a more stringent standard of review may be appropriate in Rule 33 cases involving a ruling that the verdict was against the weight of the trial evidence rather than a ruling that a jury instruction was erroneous, which was the case in Scotti. A change in circuit law is unwarranted. See United States v. Autuori, 212 F.3d 105, 120 (2d Cir. 2000) (applying without discussion abuse of discretion standard to Rule 33 case concerning weight of the evidence).
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