Background
Ayodele Harrison Arasokun appealed the district court’s orders denying his two motions for a new trial filed under Federal Rule of Criminal Procedure thirty-three. The appeals were consolidated and submitted for decision without oral argument.
The court’s reasoning
The court applied the five-part test for Rule thirty-three motions, requiring the defendant to show that the evidence is newly discovered, that due diligence was exercised, that the evidence is not merely cumulative or impeaching, that it is material, and that it would probably result in acquittal. Upon review of the record, the court discerned no abuse of discretion in the district court’s denials.
that (1) the evidence is newly discovered; (2) the defendant exercised due diligence; (3) the newly discovered evidence is not merely cumulative or impeaching; (4) the evidence is material; and (5) the evidence would probably result in acquittal at a new trial.
United States v. Ali, 991 F.3d 561, 571 (4th Cir. 2021)
What it means going forward
The district court’s orders denying the new trial motions remain in effect, and the conviction stands.