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U.S. v. KELLY

No. 06-4080.

539 F.3d 172 (2008)

UNITED STATES of America, Appellant v. Jake KELLY.

United States Court of Appeals, Third Circuit.

Filed: August 14, 2008.

Attorney(s) appearing for the Case

Leo R. Tsao, Esquire, [Argued], Office of United States Attorney, Philadelphia, PA, for Plaintiff-Appellant United States of America.

Mark E. Cedrone, Esq., [Argued], Cedrone & Janove, Philadelphia, PA, for Defendant-Appellee Jake Kelly.

Before SCIRICA, Chief Judge, and RENDELL and RODRIGUEZ, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

In July 2005, a jury found Jake Kelly ("Kelly") guilty of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1) and § 924(e). Soon after the jury verdict, Kelly moved for a new trial, arguing, inter alia, that he had recently discovered new evidence of his innocence—the hearsay statement of Victor Jones, who purportedly admitted to possessing the gun for which...

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