Judge Nicholas G. Garaufis will make no decision now on Keith Raniere’s Rule 33 motion for a new trial. He will wait until after the 2nd Circuit rules on Raniere’s appeal.
Judge Garaufis will also not decide on Raniere’s request to disqualify himself.
The reason is simple. Raniere’s appeal is under consideration by the the Second Circuit. Only one court can have jurisdiction.
‘Sub judice’ is Latin for “under a judge.”
In Raniere’s case, his is “under’ the US Court of Appeals. Judge Garaufis will not decide Raniere’s motion for a new trial until the appellate court rules. He will also postpone deciding on Raniere’s motion for disqualification.
Raniere accused the judge of bias and asked him to recuse himself from hearing the Rule 33 motion for a new trial.
Raniere’s Rule 33 motion contends that the FBI tampered with evidence. He claims they planted child porn pictures on a hard drive seized from his library.
It may be months or a year before the three-judge appeals panel decides on Raniere’s appeal.
Here is Judge Garaufis’ order:
The Court is in receipt of Defendant Keith Raniere’s  motion for a new trial and  motion for recusal. The judgment of conviction has been appealed to the United States Court of Appeals for the Second Circuit and is now sub judice after oral argument. Accordingly, pursuant to Federal Rules of Criminal Procedure 33(b)(1) and 37(a)(1), and in the interest of judicial economy, the Court defers consideration of the motions until the Second Circuit resolves the pending appeal. The Court will provide further instruction to the parties at that time. Ordered by Judge Nicholas G. Garaufis on 5/9/2022. (Kelly, Sean)
We will have more on this later.