United States v. Kenneth Redd, No. 08-2561 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal Case - Motion for New Trial. District court did not abuse its discretion in denying Rule 33 motion for new trial based on newly discovered evidence, as evidence was available before trial and was not relevant.
Download PDF
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2561 ___________ United States of America, Appellee, v. Kenneth Redd, Appellant. * * * * Appeal from the United States * District Court for the Eastern * District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: November 24, 2009 Filed: December 4, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Kenneth Redd appeals the district court s1 denial of his Federal Rule of Criminal Procedure 33 motion for a new trial based on newly discovered evidence. We find that the district court did not abuse its discretion in denying Redd s motion, as the evidence that Redd submitted was available before his trial, and was not relevant to the issues in his suppression motion or his trial. See United States v. Grover, 511 F.3d 779, 783 (8th Cir. 2007) (standard of review; requirements to justify new trial under Rule 33). 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. Accordingly, the judgment is affirmed. We also grant counsel s motion to withdraw and deny Redd s motion for appointment of new counsel. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
