context: The district court did not clearly abuse its discretion in refusing to order a new trial based on any of the three reasons put forth by defendant. First, defendant knew of the alleged lawsuit settlement pri- or to trial, and Glenn was not the only witness who could have testified regarding that lawsuit; in fact, the settlement was reached without his involvement. Thus, evidence concerning this lawsuit fails the O'Dell test: the settlement was not newly discovered and Glenn's statement was cumulative in light of defendant's access to other evidence of the settlement.
citation_a.signal: no signal
citation_a.identifier: 712 F.2d 115, 122
citation_a.parenthetical: where defendants have ready access to exculpatory evidence they cannot complain that it was wrongly withheld by the government
citation_a.sentence: United States v. Seago, 930 F.2d 482, 489 (6th Cir.1991) (“Where facts alleged in support of [a motion for new trial] ... were known by the defendant at the time of trial, the defendant failed to satisfy the newly discovered evidence requirement of Rule 33.”); United States v. Jones, 712 F.2d 115, 122 (5th Cir.1983) (where defendants have ready access to exculpatory evidence they cannot complain that it was wrongly withheld by the government); cf. O’Dell, 805 F.2d at 641 (noting that “other courts ... have determined that the prosecution is under no duty to produce evidence that is available to a defendant”).
citation_b.signal: cf.
citation_b.identifier: 805 F.2d 641, 641
citation_b.parenthetical: noting that "other courts ... have determined that the prosecution is under no duty to produce evidence that is available to a defendant"
citation_b.sentence: United States v. Seago, 930 F.2d 482, 489 (6th Cir.1991) (“Where facts alleged in support of [a motion for new trial] ... were known by the defendant at the time of trial, the defendant failed to satisfy the newly discovered evidence requirement of Rule 33.”); United States v. Jones, 712 F.2d 115, 122 (5th Cir.1983) (where defendants have ready access to exculpatory evidence they cannot complain that it was wrongly withheld by the government); cf. O’Dell, 805 F.2d at 641 (noting that “other courts ... have determined that the prosecution is under no duty to produce evidence that is available to a defendant”).