Denzil Stewart was charged with conspiracy to possess and distribute methamphetamine and three counts of distribution. His co-defendant, Carlos Avila, pleaded guilty and testified against Stewart, receiving a lighter sentence. The government's case relied heavily on Avila's testimony, corroborated by DEA agent observations, pole camera footage, and fingerprint evidence on drug packaging. The jury convicted Stewart on conspiracy and one distribution count but acquitted him on two other counts where the evidence was less direct. After the verdict but before sentencing, Stewart obtained a police report revealing that Avila had purchased cocaine from a confidential source shortly before the trial. Stewart argued this proved Avila committed perjury and moved for a new trial under Federal Rule of Criminal Procedure 33, requesting an evidentiary hearing. The district court denied the motion, ruling that the report only impeached Avila's credibility and was cumulative, noting that the jury already viewed Avila as a drug dealer and that the physical evidence supported the conviction independently.
The Eleventh Circuit reviewed the denial of the Rule 33 motion for abuse of discretion. The court reiterated that motions for new trial based on newly discovered evidence are highly disfavored and require the defendant to prove five elements: the evidence was discovered after trial, the failure to discover it was not due to lack of diligence, the evidence is not merely cumulative or impeaching, it is material, and it would probably produce a different result. The court first addressed the procedural question of whether an evidentiary hearing was required. Citing United States v. Markovich, the court held that a hearing is not necessary when the district judge who presided over the trial decides the motion, as that judge is well-qualified to evaluate witness credibility based on the record. The court distinguished Stewart's reliance on United States v. Espinosa-Hernandez, noting that case involved prosecutorial misconduct and the withholding of an essential witness, neither of which applied here. Regarding the merits, the court found that the police report regarding Avila's cocaine purchases was merely cumulative impeachment. The jury had already acquitted Stewart on counts where Avila's testimony was the primary evidence, demonstrating they viewed him as uncredible. Furthermore, the evidence supporting the guilty verdicts on the remaining counts—agent testimony, fingerprint evidence, and Stewart's own prior record—was substantial enough to sustain the conviction without Avila's testimony. Consequently, the new evidence would not likely change the outcome.
Stewart's conviction and sentence remain in effect. The decision reinforces the high bar for granting new trials based on newly discovered evidence in the Eleventh Circuit, particularly when the evidence only serves to impeach a witness whose credibility was already challenged at trial. It clarifies that district judges who presided over the original trial do not need to hold evidentiary hearings for Rule 33 motions unless unique circumstances like jury tampering or prosecutorial misconduct are alleged.
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