United States DC Circuit

Newly discovered evidence that forms the basis for a new trial motion must have been in existence at the time of trial, and the fact that counsel failed to timely move for a new trial cannot constitute such evidence under Fed. R. Crim. P. 33(b).

Appellate Information

• Argued 10/18/2002
• Decided 04/08/2003
• Published 04/08/2003

Judges

• Before:  GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Chrisellen R. Kolb, Assistant United States Attorney, argued the cause for the appellant.  Roscoe C. Howard, Jr., United States Attorney, and John R. Fisher, Thomas J. Tourish, Jr., and Daniel M. Cisin, Assistant United States Attorneys, were on brief.


• For Appellees:
  
• A.J. Kramer, Federal Public Defender, argued the cause for the appellee.