What is the test for a motion to grant a new trial based on newly discovered evidence of trial perjury?

MultiRegion, United States of America

The following excerpt is from U.S. v. Monteleone, 257 F.3d 210 (2nd Cir. 2001):

In order to grant a new trial based on newly discovered evidence of trial perjury, the appellants must first demonstrate that the witness in fact committed perjury. See United States v. Torres, 128 F.3d 38, 49 (2d Cir. 1997). A witness commits perjury if he gives false testimony concerning a material matter with the willful intent to provide false testimony, as distinguished from incorrect testimony resulting from confusion, mistake, or faulty memory. See United States v. Dunnigan, 507 U.S. 87, 94 (1993). Simple inaccuracies or inconsistencies in testimony do not rise to the level of perjury. See United States v. Sanchez, 969 F.2d 1409, 1414-15 (2d Cir. 1992). Once this threshold demonstration of perjury has been met, however, a new trial is not foreordained:

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