The following excerpt is from U.S. v. Sepulveda, 937 F.2d 614 (9th Cir. 1991):
Sepulveda also contends that the district court erred by denying his motion for a new trial based upon newly discovered evidence. A denial of a motion for new trial based upon newly discovered evidence is reviewed for an abuse of discretion. United States v. Lockett, 919 F.2d 585, 591 (9th Cir.1990).
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