What is the test for abuse of a district court's denial of a Rule 33 motion on the basis of newly discovered evidence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Olson, 995 F.2d 234 (9th Cir. 1993):
We review for abuse of discretion a district court's denial of a Rule 33 motion on the basis of newly discovered evidence. United States v. Sitton, 968 F.2d 947, 959 (9th Cir.), cert. denied, 113 S.Ct. 478 (1992), and cert. denied, 113 S.Ct. 1306 (1993); United States v. Kulczyk, 931 F.2d 542, 548 (9th Cir.1991).
A Rule 33 motion based upon newly discovered evidence requires the movant to show:
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