United States v. Minkoff

Appellants’ motion asks that we remand this case to the district court in order that they may there seek a new trial for newly discovered evidence. Under Rule 33 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. 1 we should only entertain such a motion in case the district court indicates, after a hearing, that it intends to grant a motion for a new trial.

1. Rakes v. United States, 4 Cir., 163 F.2d 771; Dession, New Rules of Criminal Procedure, 56 Yale L.J. (1947) 197, 232; N. Y. Univ. School of Law Institute-Proceedings, Vol. VI, p. 208.