USA v. Hernandez et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
v.
Marco Garcia
Criminal No.
09-cr-88-03-PB
NOTICE OF RULING
Re: Document No. 291, Motion for New Trial
Ruling: This is not a close case. The defendant does not
present any evidence in support of the motion that qualifies as newly
discovered. Nor has he otherwise explained why the arguments he
presents in support of his motion are not subject to the time
requirement set forth in Rule 33. In reaching this conclusion , I
reject any suggestion that the affidavit submitted in support of the
motion qualifies as newly discovered evidence because it is clear
from the affidavit that the information contained therein would have
been known to the defendant at the time of trial. Because the
defendant did not file a timely motion for new trial, his motion is
denied. In making this ruling, I have relied on the government's
persuasive memorandum submitted in opposition to the motion. Motion
denied.
Entered by Paul Barbadoro, United States District Judge
Date: February 8, 2013
Case 1:09-cr-00088-PB Document 293 Filed 02/08/13 Page 1 of 1