Thomas Avery Drum v. United States

Rule 33 of the Federal Rules of Criminal Procedure authorizes the trial court to vacate any judgment and grant a new trial (1) upon the defendant’s motion and (2) if the interest of justice so requires. The court of appeals interpreted the scope of the district court’s authority to a grant a new trial narrowly, finding that where the defendant moved for a new trial on the ground that the verdict was against the weight of the evidence, the district court erred in granting a new trial based on its concerns about the testimony as to one count and the treatment of the defendant’s response to interrogation and a jury instruction regarding the same. The question presented is: When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court’s authority to grant a new trial?