United States First Circuit

Rejection of motion for new trial for conspiracy charges related to cocaine smuggling is reversed and remanded to a new judge where the court abused its discretion by not considering the full import of new evidence and rejecting a magistrate judge's credibility determination without hearing the evidence.

Appellate Information

• Decided 04/06/2006
• Published 04/06/2006

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lorenzo J. Palomares, for appellant.


• For Appellees:
  
• Timothy R. Henwood, Assistant United States Attorney, with whom Nelson Pérez-Sosa, Senior Appellate Assistant United States Attorney, and H.S. García, United States Attorney, were on brief, for appellee.