Naone
United States v. Naone
Opinion
Lead Opinion
MEMORANDUM **
*895 Appellant Lyons K. Naone (“Naone”) appeals the district court’s denial of motion for a new trial, on the grounds of newly discovered evidence. This court reviews the denial of a motion for a new trial for abuse of discretion. A court abuses its discretion only if there has been a “clearly erroneous assessment of the evidence.” K.V. Mart Co. v. United Food and Comm. Workers, Local 324, 173 F.3d 1221, 1223 (9th Cir.1999).
On November 24, 2001, a jury returned a verdict finding Naone, a port director for the U.S. Customs Service in Kahului, Maui, guilty of four counts, and not guilty of sixteen counts, of making false statements to the United States for submitting “work tickets” to collect overtime compensation for time he had not worked, in violation of 18 U.S.C. § 1001 (a)(3). At Naone’s trial, the government called six witnesses and, on each count of conviction, Naone testified on his own behalf.
During jury deliberations on November 22, 2000, the jury sent a note to the judge indicating that it was divided on each count. The judge then gave the jury an Allen charge encouraging the jury to continue deliberations. On November 24, 2000, the jury wrote another…