United States v. Sims

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR A NEW TRIAL

GADOLA, District Judge.

Before the Court is Defendant Nick Sims’ motion for a new trial on the charge of conspiring to distribute crack cocaine (Count I) pursuant to Rule 33 of the Federal Rules of Criminal Procedure. For the reasons set forth below, this Court denies Defendant’s motion.

Factual and Procedural Background

On September 22, 1993, a jury convicted Defendant of conspiring to distribute crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846 (Count I), and distributing crack cocaine in violation of 21 U.S.C. §…