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U.S. v. DESIR

No. 00-2423.

273 F.3d 39 (2001)

UNITED STATES of America, Plaintiff, Appellee, v. Donald Paul DESIR, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 10, 2001.

Attorney(s) appearing for the Case

Mark J. Gardner, for appellant.

Donald C. Lockhart, Assistant U.S. Attorney, with whom Margaret E. Curran, United States Attorney, was on brief, for appellee.

Before TORRUELLA and SELYA, Circuit Judges, and LISI, District Judge.

TORRUELLA, Circuit Judge.

Appellant Donald P. Desir was convicted on charges of conspiracy and attempt to possess cocaine with the intent to distribute. After sentencing, Desir filed a Rule 33 motion for a new trial based on newly discovered evidence. The district court, after an evidentiary hearing, denied appellant's motion for failure to satisfy the "newly discovered evidence" standard. Desir then appealed to this Court. Because we find that the district court...

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