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United States v. Depack

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


September 15, 2008

UNITED STATES OF AMERICA,
v.
ROY DEPACK, DEFENDANT.

The opinion of the court was delivered by: Hon. Faith S. Hochberg, U.S.D.J.

ORDER

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.


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