United States Of America V. Turns

This is an appeal from the district court's order granting Douglas Turns's motion for a new trial. Turns was convicted on one count of knowingly possessing and transferring a machine gun in violation of 18 U.S.C. §§ 922(o)(1) and 924(a)(2). Pursuant to Rule 33 of the Federal Rules of Criminal Procedure, Turns timely filed a motion for a new trial, alleging that his sister, Starlet Turns, possessed "newly discovered" evidence. In two affidavits filed within days of Turns's conviction, Starlet Turns claimed that her former boyfriend was the owner of the machine gun and that her brother was unaware of its nature when he pawned it at her request. After reviewing both sides' briefs and holding an evidentiary hearing, the district court granted Turns's motion. The government filed this timely appeal. For the reasons set forth below, we REVERSE the district court's order granting a new trial, REINSTATE Turns's conviction, and REMAND for sentencing.