United States Third Circuit

Grant of a motion for new trial pursuant to a claim of newly discovered evidence, following defendant's conviction for his participation in an illegal check cashing scheme, is reversed where he failed to identify any evidence that had not been admitted at trial, and even if he had identified new evidence which would prove that checks were endorsed at another branch, he failed to establish that he was subjectively unaware of such evidence or that it could not have been discovered with the exercise of reasonable diligence before the trial.

Appellate Information

• Argued 07/13/2006
• Decided 08/24/2006
• Published 08/24/2006

Judges

• Before SMITH, WEIS, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• George S. Leone, Office of the United States Attorney, Newark, NJ, Glenn J. Moramarco (Argued), Office of the United States Attorney, Camden, NJ, Counsel for Appellant.


• For Appellees:
  
• Cathy L. Waldor (Argued), Waldor & Carlesimo, Manasquan, NJ, Counsel for Appellee.