Does a criminal defendant's discovery of a recognized mental impairment after conviction at trial constitute newly discovered evidence under Federal Rule of Criminal Procedure 33(b)(1)

QUESTIONS PRESENTED FOR REVIEW 1. Does a criminal defendant’s discovery of a recognized mental impairment after conviction at trial constitute newly discovered evidence under Federal Rule of Criminal Procedure 33(b)(1) even though the defendant is aware of the facts underlying the cause of the mental impairment before trial? 2 What should lower federal courts consider when determining whether newly discovered evidence “would probably result in an acquittal” on a motion for new trial under Federal Rule of Criminal Procedure 33(b)(1)? i