United States v. Anthony Cozzetti

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Anthony COZZETTI, Defendant-Appellant. No. 90-10489. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 27, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Anthony Cozzetti appeals pro se the district court's summary denial of both his Fed.R.Crim.P. 33 motion for a new trial and his subsequent motion for reconsideration. Cozzetti contends the district court abused its discretion by failing to grant his motion for a new trial because new evidence demonstrated that his conviction was the result of prosecutorial misconduct. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 Although we generally review for an abuse of discretion the denial of a motion for a new trial, the determination of a district court's jurisdiction to consider a motion for a new trial is a question of law…