What is the test for establishing that newly available evidence does not constitute newly discovered evidence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Dominguez, 963 F.2d 380 (9th Cir. 1992):
The law in this circuit is clear: Newly available evidence cannot constitute newly discovered evidence. United States v. Lockett, 919 F.2d 585, 591 (9th Cir.1990). As this circuit noted:
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