U.S. v. NGUYEN

No. 06-20598.

507 F.3d 836 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Huy Tan NGUYEN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 7, 2007.


Attorney(s) appearing for the Case

Renata Ann Gowie and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Steven Jay Rozan, Steven Rozan & Associates, Houston, TX, for Nguyen.

Before BENAVIDES, CLEMENT and PRADO, Circuit Judges.


PER CURIAM:

This appeal is from an order granting Defendant-Appellee Huy Tan Nguyen a new trial and involves an issue of first impression in this Circuit: whether a district court has the authority to grant a new trial on a ground other than one raised by a defendant's motion under Federal Rule of Criminal Procedure 33. Finding the reasoning of the Third Circuit persuasive, we hold that a district court does not have the authority to grant a new trial on a ground...

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