Jose Henry Hernandez-Garcia v. United States

Petitioner was charged, along with two codefendants, with various offenses arising from the killing of a fellow gang member. All were convicted following a jury trial. Petitioner filed a motion for a new trial following his conviction, which the district court denied. The issue presented in this Petition is whether a district court abuses its discretion when ruling on a defendant’s motion for a new trial by not independently weighing the evidence presented at trial in light of the claims made in the motion. -1-