United States v. Osorio-Pena

LIPEZ, Circuit Judge.

The district court denied the defendant’s motion for a new trial on the ground that his claim of ineffective assistance of counsel did not meet the standard for “newly discovered evidence” under Federal Rule of Criminal Procedure 33. The defendant appeals that ruling. In the alternative, he asks us to decide his ineffective assistance claim on direct appeal, contending that the record is sufficiently developed for us to do so. We affirm the denial of the motion for a new trial and do not decide the defendant’s ineffective assistance claim.

I

In the early hours of August 1,…