What is the test for admitting or denying a motion for a new trial on the basis of discovery of perjured testimony?

MultiRegion, United States of America

The following excerpt is from U.S. v. Malpeso, 115 F.3d 155 (2nd Cir. 1997):

Finally, the fact that other district courts have reached different conclusions, admitting some or all of this evidence, 3 does not render the district court's decision in this case an abuse of discretion. See, e.g., United States v. Williams, 81 F.3d 1434, 1437 (7th Cir.1996) (that verdicts had been set aside in four related cases based on discovery of perjured testimony has no bearing on whether the district court from which appeal was taken abused its discretion in denying motion for new trial on same grounds). Indeed, the district court took the trouble to review the transcripts of the other cases and found therein additional support for its own evaluation of the minimal relevancy and prejudicial effects of the evidence offered in this case.

II. Sufficiency of the Evidence Claims

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