Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.
KAREN LeCRAFT HENDERSON, Circuit Judge:
The United States appeals the district court's grant of a new trial to Dennis Hall. The district court determined that Hall's counsel's failure to timely file a motion for a new trial constituted "newly discovered evidence" under FED.R.CRIM.P. 33(b)(1) supporting its grant of Hall's new trial motion. United States v. Hall, Crim. No. 98-435-LFO...
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