United States v. Carlos Davila

This appeal follows Davila’s conviction for having unlawfully smuggled marijuana into the United States. 21 U.S.C. § 176a. The trial was to a jury, and two “unindicted co-conspirators” testified in the prosecution’s behalf. After his conviction, Davila filed a Motion for a New Trial. The principal ground for the Motion was the claim that appellant’s attorney had learned, after the trial, that “Government agents” promised to “help make things easier for” one of the prosecution witnesses if he would cooperate and testify against Davila. At the time of the latter’s trial, this witness had a similar charge pending against him in the District of Arizona. In seeking a new trial, Davila claimed that had he known of this “deal” and been able to bring it to the jury's attention, the witness would have been severely impeached, and the jury might have concluded that Davila was not guilty. It follows, he argues, that the district judge erred in overruling the Motion for a New Trial. We reject the argument.

When newly discovered evidence is the ground for a Motion for New Trial, and the introduction of such evidence would be material only for the purpose of impeaching a witness, the court may…