The following excerpt is from U.S. v. Showa, 133 F.3d 930 (9th Cir. 1997):
Id. The timeliness of appellants, motion for new trial thus hinges on whether the evidence of juror misconduct was "newly discovered evidence."
The answer to this question is controlled by United States v. McKinney, 952 F.2d 333 (9th Cir.1991).
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