The following excerpt is from United States v. Padilla, No. 11-5443-cr(L), No. 11-5448-cr (Con) (2nd Cir. 2013):
In exercising its broad discretion under Rule 33 "the [district] court is entitled to weigh the evidence and in so doing evaluate for itself the credibility of the witnesses." United States v. Sanchez, 969 F.2d 1409, 1413 (2d Cir. 1992) (internal quotation marks omitted). As the district
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