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U.S. v. MOORE

No. 11-5095.

709 F.3d 287 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Tyrone MOORE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 1, 2013.

Attorney(s) appearing for the Case

ARGUED: James Michael Nichols , Warnken, LLC, Towson, Maryland, for Appellant. Jefferson McClure Gray , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Byron L. Warnken , Warnken, LLC, Towson, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Christopher J. Romano , Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Vacated and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge GREGORY and Judge DAVIS joined.

OPINION

TRAXLER, Chief Judge:

A jury convicted Tyrone Moore of carjacking, using a firearm in furtherance of carjacking, and conspiracy. After the trial, Moore filed a motion for a new trial based, in part, on newly discovered evidence, but the district court denied it. Because the district court erred in denying Moore's motion for a new trial, we vacate and remand for a new trial consistent with this opinion.

I.

A.

In the early...

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