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U.S. v. CIMERA

No. 05-2360.

459 F.3d 452 (2006)

UNITED STATES of America, Appellant v. Keith CIMERA, Appellee.

United States Court of Appeals, Third Circuit.

Filed August 24, 2006.

Attorney(s) appearing for the Case

George S. Leone, Office of the United States Attorney, Newark, NJ, Glenn J. Moramarco (Argued), Office of the United States Attorney, Camden, NJ, Counsel for Appellant.

Cathy L. Waldor (Argued), Waldor & Carlesimo, Manasquan, NJ, Counsel for Appellee.

Before SMITH, WEIS, and ROTH, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

Appellee-Defendant Keith Cimera, the former manager of a check cashing store in Montclair, New Jersey, was convicted by a jury for his participation in an illegal check cashing scheme involving fourteen fraudulent checks. Several months after his conviction, Cimera moved for a new trial under Federal Rule of Criminal Procedure 33 based on "newly discovered evidence." That evidence, he claims, are deposit account...

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