Does Rule 33 allow a motion based on "newly discovered evidence" when the evidence involves jury misconduct?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ojeda, 106 F.3d 410 (9th Cir. 1997):
1 Thus we need not decide whether, under United States v. Hanoum, 33 F.3d 1128 (9th Cir.1994), cert. denied, 115 S.Ct. 1702 (1995), Rule 33's exception for motions based on "newly discovered evidence" applies when the evidence involves jury misconduct.
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