What is the test for a motion for a new trial under Rule 33?
MultiRegion, United States of America
The following excerpt is from United States v. Nosworthy, No. 11-2888-cr (2nd Cir. 2012):
We review the denial of a Rule 33 motion "for an abuse of discretion" and "accept the district court's factual findings unless they are clearly erroneous." United States v. McCourty,
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562 F.3d 458, 475 (2d Cir. 2009) (internal quotation marks omitted). Motions for a new trial "should be granted only with great caution and in the most extraordinary circumstances." United States v. Stewart, 433 F.3d 273, 296 (2d Cir. 2006) (internal quotation marks omitted).
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