United States v. Bardwin Kevin Bays

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Bardwin Kevin BAYS, Defendant-Appellee. No. 92-10393. United States Court of Appeals, Ninth Circuit. June 3, 1993. Before REINHARDT, TROTT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The issue before us is whether the district court abused its discretion in granting Bardwin Bays ("Bardwin") a new trial pursuant to Fed.R.Crim.P. 33 1 after his conviction for possession of cocaine with intent to distribute. We hold that it did not. 3 An appeal of a district court's decision to grant or deny a new trial is reviewed not merely for abuse of discretion, but for a clear and manifest abuse of discretion. United States v. Alston, 974 F.2d 1206 (9th Cir.1992). The appellant's burden in showing such an abuse of discretion is "significant." Id. at 1212 . A court of appeals should reverse a district court's grant of a new trial "only rarely, ... and then only in egregious…