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UNITED STATES of America, Appellee, v. James E. ARRINGTON, Appellant

United States Court of Appeals for the Fourth Circuit1985-03-21No. No. 84-5129
757 F.2d 1484

Summary

Holding. The appellate court affirmed the district court's denial of the motion for a new trial, holding that the trial judge had jurisdiction to decide the motion on remand and did not abuse his discretion in denying it.

James Arrington was convicted by jury of aiding and abetting the receipt and sale of stolen construction equipment. The trial court initially granted his motion for acquittal based on insufficient evidence, but a prior appellate decision reversed that ruling and reinstated the jury verdict. On remand, the district court denied Arrington's motion for a new trial, which he appealed.

The appellate court first addressed whether the district court had authority to rule on the new trial motion after the acquittal judgment had been reversed. The court held that the motion remained properly before the district judge on remand, and he possessed jurisdiction to decide it. The court explained that a trial judge has broad discretion when evaluating a new trial motion based on weight of the evidence—broader than when ruling on insufficient evidence motions—and may assess witness credibility in making that determination.

The court rejected Arrington's arguments that the denial constituted an abuse of discretion. The apparent inconsistency between the earlier acquittal ruling and the later denial of the new trial motion did not demonstrate error, and the judge's personal doubts about the verdict did not require granting the motion. The record showed the judge understood his authority and properly applied the governing standards before concluding that justice did not require a new trial.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a district court retains jurisdiction to rule on a pending new trial motion after reversal of a judgment of acquittal
  • Scope of a trial judge's discretion in evaluating a motion for new trial based on weight of evidence versus insufficiency of evidence
  • Whether a trial judge may consider witness credibility when deciding a Rule 33 motion for new trial
  • Standard for appellate review of a trial court's denial of a new trial motion

Procedural posture

Arrington appealed the district court's denial of his Rule 33 motion for a new trial following remand from a prior appellate decision that reversed an acquittal judgment and reinstated a jury conviction.

Authorities cited

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Opinion

majority opinion

BUTZNER, Senior Circuit Judge:

Appealing a judgment of conviction entered on the verdict of a jury, James E. Arrington assigns error to the district court’s denial of his motion for a new trial. We affirm.

A jury convicted Arrington of aiding and abetting the receipt and sale of stolen construction equipment in violation of 18 U.S.C. § 2315. Arrington moved for judgment of acquittal under Fed.R.Crim.P. 29 and, in the alternative, for a new trial under Fed.R.Crim.P. 33. The trial court granted the motion to acquit on the ground that the evidence was insufficient to sustain a jury verdict, but it did not rule on the motion for a new trial. On appeal, this court found that there was substantial evidence, viewed in the light most favorable to the government, from which the jury could find Arrington guilty. It reversed the trial court and remanded the case “for reinstatement of the jury’s verdict and further proceedings consistent with this opinion.” United States v. Arrington, 719 F.2d 701, 706 (4th Cir.1983). On remand, the district court denied the motion for a new trial.

We cannot accept the government’s contention that the district court did not have jurisdiction to consider the new trial motion on remand because it was limited to reinstating the jury’s verdict. The motion for a new trial was timely filed but was rendered moot when the district court granted the judgment of acquittal. After reversal, the motion was no longer moot, and on remand the judge could rule on any pending postverdict motions. United States v. Wilson, 420 U.S. 332, 334, 353, 95 S.Ct. 1013, 1017, 1026, 43 L.Ed.2d 232 (1975); United States v. Dixon, 658 F.2d 181, 193 (3d Cir.1981). The district court therefore had jurisdiction to decide the motion for a new trial.

Rule 33 allows a district court to grant a new trial in the interest of justice. When the motion attacks the weight of the evidence, the court’s authority is much broader than when it is deciding a motion to acquit on the ground of insufficient evidence. In deciding a motion for a new trial, the district court is not constrained by the requirement that it view the evidence in the light most favorable to the government. Thus, it may evaluate the credibility of the witnesses. When the evidence weighs so heavily against the verdict that it would be unjust to enter judgment, the court should grant a new trial. See Tibbs v. Florida, 457 U.S. 31, 38 n. 11 and 44 n. 20, 102 S.Ct. 2211, 2216 n. 11 and 2220 n. 20, 72 L.Ed.2d 652 (1982); United States v. Shipp, 409 F.2d 33, 36-37 (4th Cir.1969); 3 Wright, Federal Practice and Procedure § 553 (1982).

The government acknowledges that most courts allow a trial judge to consider the credibility of witnesses in deciding motions for a new trial. It suggests, however, that there is a conflict in this circuit between United States v. Johnson, 487 F.2d 1278 (4th Cir.1973), and United States v. Shipp, 409 F.2d 33 (4th Cir.1969). This conflict is more apparent than real. In both cases, the appellate ■ court made clear that the district court properly considered the credibility of the witnesses in denying the motion. Shipp pointed out that an appellate court ordinarily should not review a jury’s determination of credibility. Shipp, however, recognized that the trial judge, who had the advantage of observing the witnesses, “is vested with broader power.” 409 F.2d at 36. Johnson did not purport to overrule Shipp. Johnson, therefore, must be read in conjunction with Shipp, and its reference to review of credibility should be limited to the appellate court. 487 F.2d at 1280.

Nevertheless, the trial court’s discretion should be exercised sparingly, and a new trial should be granted only when the evidence weighs heavily against the verdict. 3 Wright, Federal Practice and Procedure § 353 (1982). The denial of the motion will not be overturned unless the court has abused its discretion. White v. United States, 279 F.2d 740, 750 (4th Cir.1960).

Arrington argues that the district court’s denial of a new trial is inconsistent with its earlier ruling granting the motion for acquittal that was overturned on appeal. This inconsistency, Arrington insists, demonstrates an abuse of the trial court’s discretion. Arrington also contends that the district judge abused his discretion in denying a new trial because of statements he made at the sentencing hearing expressing disagreement with the jury’s verdict and grave doubts about Arrington’s guilt. He insists that the district court was under the misapprehension that it was bound to deny the motion for a new trial because of the reversal of the judgment of acquittal by the court of appeals.

None of these arguments justifies reversal. A court may reach an apparently inconsistent result without committing error. Thus, even the grant of a new trial may be reconsidered before retrial and denied. United States v. Spiegel, 604 F.2d 961, 970-72 (5th Cir.1979); 3 Wright, Federal Practice and Procedure § 551 (1982). A judge’s disagreement with the jury’s verdict does not mandate a new trial. The record does not support the argument that the district court was under a misapprehension about his power to grant the motion. In addition to rejecting the government’s contentions about a lack of jurisdiction, the court recognized the distinction between the criteria for a judgment of acquittal and for a new trial.

On remand from this court, the district judge conducted a hearing, reviewed all the evidence, and considered the arguments from both parties before concluding that “the interests of justice do not require a new trial.” The judge did not abuse his discretion in denying the motion. Proof of Arrington’s guilt did not rest wholly on the testimony of the witness whose credibility Arrington attacks.

AFFIRMED.

Shipp defined the broad power of the trial judge in these terms:

Even when there has been substantial evidence which required him to submit the case to the jury, he may in his discretion set the verdict aside and grant a new trial if he thinks the verdict is against the weight of the evidence, and it is his duty to do so if he is convinced that permitting the verdict to stand would result in a miscarriage of justice. The power exists in both civil and criminal cases, (footnote omitted) 409 F.2d at 36-37.