Vogel

*400 MEMORANDUM **

In this appeal, Appellant Howard M. Vogel (“Vogel” or “Appellant”) contends the district court should have granted his motion for new trial on the basis of newly-discovered evidence.

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Background

On October 3, 2002, Appellant was convicted of conspiracy and fourteen counts of money laundering in connection with a drug-smuggling operation. On September 30, 2005, after unsuccessfully appealing this conviction, 2 Vogel moved for a new trial pursuant to Fed.R.Crim.P. 33, and for discovery in support of his Rule 33 motion.

In his motion, Vogel argued a new trial was warranted because new evidence “wholly discredited” the testimony of the government’s key witness against him, Vogel’s co-conspirator Steven Ableman (“Ableman”). This new evidence consisted of the facts and circumstances surrounding Ableman’s December 2, 2003 conviction for obstruction of an official proceeding in violation of 18 U.S.C. § 1512 (c). 3 Ableman’s conviction concerned his filing of false accounting documents to his probation officer.

The district court rejected Vogel’s arguments and held that there was no basis for a new…