United States v. Nosov

OPINION

ROBERT L. CARTER, District Judge.

Defendant Vasiliy Ermichine, joined by defendant Alexander Nosov, moves pursuant to Rule 33, F.R.Crim.P for a new trial on two grounds: 1) that the court improperly limited their cross-examination of a cooperating witness, Alexander Spitchen-ko, in violation of the Sixth Amendment and Rules 607 and 608, F.R. Evid.; and 2) that the court’s ex parte communications with certain jurors without counsel’s consent while the jury was deliberating violated defendants’ rights to a fair trial. Both grounds are without merit and defendants’ motion for a new trial…