United States v. Edward Alan Monk

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edward Alan MONK, Defendant-Appellant. No. 94-10053. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 10, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Edward Alan Monk appeals the district court's denial of his motion for a new trial. Monk claims that a letter from a friend corroborating his defense and claiming responsibility for the suspicious evidence on the basis of which Monk was convicted constitutes "newly discovered" evidence warranting a new trial under Fed.R.Crim.P. 33. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review for an abuse of discretion a district court's refusal to hold a new trial. United States v. Kulczyk, 931 F.2d 542, 548 (9th Cir.1991). "We may affirm the district court's decision on any basis supported by the record." United States v.…