US v. Hinkson, No. 05-30303

The Ninth Circuit re-states its "abuse of discretion" standard of review, which now requires it to: 1) consider whether the district court identified the correct legal standard for decision of the issue before it; and 2) determine whether the district court's findings of fact, and its application of those findings of fact to the correct legal standard, were illogical, implausible, or without support in inferences that could be drawn from facts in the record.  Defendant's murder for hire conviction is affirmed where, applying the re-stated standard, the district court did not abuse its discretion in denying defendant's motion for a new trial.

Read US v. Hinkson, No. 05-30303

Appellate Information

Argued and Submitted December 16, 2008

Filed November 5, 2009

Judges

Opinion by Judge Bea

Dissent by Judge B. Fletcher

Counsel

For Appellant:

Dennis P. Riordan and Donald M. Horgan, San Francisco, CA

For Appellee:

John F. De Pue and Michael D. Taxay, Department of Justice, Washington, DC