Rubashkin v. United States

(1) Whether Federal Rule of Criminal Procedure 33 requires a criminal defendant with newly discovered evidence that goes not to guilt or innocence but to the fundamental fairness of his criminal trial " here, that the trial judge should have been recused under 28 U.S.C. § 455(a) " to show nonetheless that the new evidence would probably lead to his acquittal; and (2) whether a sentence is unreasonable when a district court fails to consider and explain on the record, as required by this Court"s precedents, its basis for rejecting a defendant"s nonfrivolous argument for a below-Guidelines sentence " resulting in, here, a twenty-seven-year sentence for a first-time, nonviolent offender that is significantly greater than sentences for similarly situated individuals.