UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
September 15, 2008
UNITED STATES OF AMERICA,
ROY DEPACK, DEFENDANT.
The opinion of the court was delivered by: Hon. Faith S. Hochberg, U.S.D.J.
This matter comes before the Court upon Defendant's motion pursuant to R. 33 for a new trial based on newly discovered evidence; and the Court having reviewed the submissions of the parties; and the Court finding that Defendant pled guilty to the charges in this matter and waived his right to a trial; and the Court further finding that because Defendant did not have a trial he cannot now seek a new trial under R. 33, see United States v. Graciani, 61 F.3d 70, 78 (1st Cir. 1995) ( "By its express terms, Rule 33 is confined to those situations in which a trial has been had." ); United States v. Collins, 898 F.2d 103, 104 (9th Cir.1989); United States v. Lambert, 603 F.2d 808, 809 (10th Cir.1979); Williams v. United States, 290 F.2d 217, 218 (5th Cir. 1961); and good cause having been shown,
IT IS on this 15th day of September, 2008,
ORDERED that Defendant's motion for a new trial pursuant to R. 33 is DENIED.*fn1
Hon. Faith S. Hochberg, U.S.D.J.