United States First Circuit

District court judgment denying defendant's motions for a new trial based on newly discovered evidence following his conviction for transporting a minor in interstate commerce with the intent to engage in sexual activity is affirmed where: 1) the victim's postverdict corroboration of defendant's defense theory did not constitute newly discovered evidence; and 2) defendant's claim that his trial attorney provided ineffective assistance of counsel because he did not contact the victim prior to trial to ascertain whether she would corroborate defendant's testimony does not constitute newly discovered evidence, as defendant knew about it the time of trial.

Appellate Information

• Decided 08/14/2009
• Published 08/14/2009

Judges

• HANSEN, Circuit Judge., Before HOWARD, SELYA and HANSEN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jaye L. Rancourt, for appellant.


• For Appellees:
  
• Donald A. Feith, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, and Helen White Fitzgibbon, Assistant United States Attorney, were on brief, for appellee.