United States v. Roszkowski
1:09-cr-00171
D.R.I.Jan 14, 2011Background
- Roszkowski was convicted on Sept. 22, 2010, in the District of Rhode Island, of felon in possession of a firearm and possession of a firearm with an altered serial number.
- Roszkowski moves under Rule 33 to vacate the conviction and for a new trial.
- The court treats a new-trial remedy as rare, warranted only for a miscarriage of justice or when the verdict is heavily against the weight of the evidence.
- Roszkowski argues entrapment and that the government framed him, including claims about a confidential informant and instigation of crimes.
- At trial, government evidence included a recorded undercover firearms-purchase meeting in Lincoln, Rhode Island, where Roszkowski’s gun was revealed and he was arrested.
- The court holds that entrapment and informant issues are irrelevant to the charged offenses and that disclosure or allegations of fabrication do not warrant a new trial; the Rule 33 motion is denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether entrapment invalidates the charged offenses | Roszkowski argues entrapment-based defense | Government asserts entrapment is irrelevant to the charged offenses | Denied: entrapment irrelevant to the charged offenses |
| Whether disclosure of the confidential informant is required | Roszkowski seeks informant identity to counter framing claims | Disclosure not required absent concrete circumstances | Denied: disclosure not warranted by the record |
| Whether government framing and fabrication require a new trial | Roszkowski claims government fabricated evidence | No demonstrated fabrication; ample trial opportunity to challenge | Denied: no miscarriage of justice or heavy preponderance against verdict |
| Whether the Rule 33 standard supports granting a new trial | Remedy warranted to avoid miscarriage of justice | Remedy sparingly used; no miscarriage or weight against verdict | Denied: standard not met under Andrade/Indelicato |
Key Cases Cited
- United States v. Andrade, 94 F.3d 9 (1st Cir. 1996) (new-trial remedy limited to miscarriages of justice or weighty evidence against verdict)
- United States v. Indelicato, 611 F.2d 376 (1st Cir. 1979) (application of rare new-trial standard)
- United States v. Conley, 249 F.3d 38 (1st Cir. 2001) (new-trial remedy must be used sparingly)
- United States v. Martinez, 922 F.2d 914 (1st Cir. 1991) (informant-disclosure standards when informant is not a participant)