Legal Opinion

United States v. Desir

Court of Appeals for the First Circuit

Decided December 10, 2001No. 00-2423PublishedCited by 33 opinions

1Opinion of the Court

TORRUELLA, Circuit Judge.

Appellant Donald P. Desir was convicted on charges of conspiracy and attempt to possess cocaine with the intent to distribute. After sentencing, Desir filed a Rule 33 motion for a new trial based on newly discovered evidence. The district court, after an evidentiary hearing, denied appellant’s motion for failure to satisfy the “newly discovered evidence” standard. Desir then appealed to this Court. Because we find that the district court’s denial of the motion was not an abuse of discretion, we hereby affirm.

Background,

On October 30, 1997, Desir was arrested on…

2Cases cited12 opinions

  1. Peretz v. United StatesSupreme Court of the United States · 1991
  2. In Re: Grand Jury Proceedings United States of America v. John DoeCourt of Appeals for the Second Circuit · 2000
  3. Texaco Puerto Rico, Inc. v. Department of Consumer AffairsCourt of Appeals for the First Circuit · 1995
  4. United States v. Henry James Wright, Jr.Court of Appeals for the First Circuit · 1980
  5. United States v. Levy-CorderoCourt of Appeals for the First Circuit · 1995

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3Cited by33 opinions

  1. Gonzalez v. United StatesSupreme Court of the United States · 2008
  2. XYZ Corp. v. United StatesCourt of Appeals for the First Circuit · 2003
  3. Wood v. SpencerCourt of Appeals for the First Circuit · 2007
  4. Fraser v. Major League Soccer, L.L.C.Court of Appeals for the First Circuit · 2002
  5. Awon v. United StatesCourt of Appeals for the First Circuit · 2002

28 more not listed; retrieve them via the Exa API.

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