Does Federal Rule of Criminal Procedure 33(a) afford district courts discretion to reweigh the evidence when evaluating a new trial motion, as eleven other federal courts of appeals have held, or does the rule require that a court "must defer to the jury's resolution of conflicting evidence," unless there was evidentiary or instructional error or "the evidence was patently incredible or defied physical realities," as the Second Circuit held in this case?

Does Federal Rule of Criminal Procedure 33(a) afford district courts discretion to reweigh the evidence when evaluating a new trial motion