United States Second Circuit

In criminal case involving convictions and sentences for conspiracy to distribute, and distribution and possession of marijuana, followed by order granting defendant a new trial to one defendant on the basis of newly discovered evidence, new trial order is reversed as that defendant was, or should have been, aware of the substance of the evidence, and it was not "newly discovered."

Appellate Information

• Decided 09/04/2007
• Published 09/04/2007

Judges

• WESLEY, Circuit Judge:, Before:  B.D. PARKER, RAGGI, WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• William J. Harrington, Assistant United States Attorney, on behalf of Michael J. Garcia, United States Attorney for the Southern District of New York (Jacob W. Buchdahl and John M. Hillebrecht, Assistant United States Attorneys, on the brief), for Appellant.


• For Appellees:
  
• James A. Cohen, Lincoln Square Legal Services, Inc., New York, N.Y. (Michael W. Martin and Gemma Solimene, on the brief), for Defendant-Appellee.