The following excerpt is from U.S. v. Fortanel-Gonzales, 21 F.3d 1116 (9th Cir. 1994):
Fortanel-Gonzales contends the district court erred by denying his new trial motion. We review for abuse of discretion the denial of a new trial motion based on newly discovered evidence. United States v. Reyes-Alvarado, 963 F.2d 1184, 1189 (9th Cir.), cert. denied, 113 S.Ct. 258 (1992).
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