MEMORANDUM AND ORDER
GLASSER, United States District Judge:
On November 22, 1993 the defendant moved this court for an order which would grant him a new trial or modify his sentence based upon an amended presentence report. His motion is bottomed upon 28 U.S.C. § 2255 and upon his assertion that Eric Leon, a principal witness against the defendant and his co-defendants perjured himself at their trial as to the events surrounding the murder of Albert Nocha and the extortion and assault of Leon.
By way of brief background, Eric Leon testified to the facts as he knew them surrounding the murder of Albert Nocha. He testified, among other things, that DeCarlo told him soon after the event that he (DeCarlo) shot Nocha. That was the only testimony directly connecting DeCarlo to that murder. Based upon that testimony, the jury found the predicate act of murdering Nocha to have been proven in convicting DeCarlo of that count of the indictment charging him with a violation of 18 U.S.C. § 1962 (c) (the RICO count).
Many years later William Meli, one of DeCarlo's co-defendants communicated his desire to cooperate with the government to the United States Attorney. That offer was accepted and during the course of his cooperation Meli told the government that Gregory Scarpa Jr. hold him that he, Scarpa, and not DeCarlo fired the gun that killed Nocha. Meli also said that Scarpa told him too that DeCarlo was present as a member of the "hit team" when Nocha was murdered. Meli's account, like Leon's was not based upon personal observation but upon what he was told by someone else. The information furnished by Meli was revealed to DeCarlo's lawyer by the government. It was that revelation which prompted this motion which is based upon the assumption that either Meli or Leon lied.
If this motion were based on "newly discovered evidence" pursuant to Rule 33, Fed. R. Crim. P., it would be time-barred.
Rule 33, Fed. R. Crim. P., provides, in relevant part as follows:
The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice. . . . A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, . . . . A motion for a new trial based on any other grounds shall be made within 7 days after verdict or finding of guilty. . . .