What is the test for abuse of discretion in a motion for a new trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Thomas, 303 F.3d 138 (2nd Cir. 2002):
This issue comes to us on the denial of a motion for a new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure, which we review for abuse of discretion. See United States v. Monteleone, 257 F.3d 210, 218 (2d Cir.2001).
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