United States v. Gullett , 62 F. App'x 554 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7506
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DENNY R. GULLETT,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CR-94-17)
Submitted: March 19, 2003 Decided: May 15, 2003
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Cheryl J. Sturm, Chadds Ford, Pennsylvania, for Appellant. Kasey
Warner, United States Attorney, Michael L. Keller, Assistant United
States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Denny Ray Gullett appeals from the district court’s order
accepting the magistrate judge’s recommendation and denying his
motion for a new trial based on his allegation of newly discovered
evidence that a prosecutorial expert witness falsely testified
about his academic credentials. We have reviewed the parties’
briefs and the record on appeal and are satisfied that the district
court did not abuse its discretion in finding that Gullett failed
to make the requisite showing to warrant a new trial based on newly
discovered evidence. See United States v. Chavis, 880 F.2d 788,
793 (4th Cir. 1989); United States v. Wallace, 528 F.2d 863, 866
(4th Cir. 1976) (applying test set forth in Larrison v. United
States, 24 F.2d 82, 87-88 (7th Cir. 1928)). Accordingly, we affirm
the district court’s order denying Gullett’s motion for a new
trial. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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