What is the test for a Rule 33 motion for a new trial for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gerwer, 990 F.2d 1262 (9th Cir. 1993):
We review a trial court's denial of a defendant's Rule 33 motion for a new trial for abuse of discretion. United States v. George, 960 F.2d 97, 101 (9th Cir.1992). We review a district court's decision balancing the probative value of evidence against its prejudicial effect for abuse of discretion. United States v. Kessi, 868 F.2d 1097, 1107 (9th Cir.1989).
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