Jose Henry Hernandez-Garcia v. United States
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
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 w hether 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 . 2 II. T ABLE OF CONTENTS I. QUESTION S PRESENTED FOR REVIEW . 1 II.