United States v. Robinson ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7768
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CARLOSE DEMOND ROBINSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (6:03-cr-00616-HMH-1)
Submitted: March 28, 2007 Decided: April 12, 2007
Before TRAXLER, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Carlose Demond Robinson, Appellant Pro Se. Reginald I. Lloyd,
United States Attorney, Columbia, South Carolina, Isaac Louis
Johnson, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Carlose Demond Robinson appeals the district court’s
orders denying his Fed. R. Civ. P. 27 motion and his Fed. R. Crim.
P. 33 motion. We have reviewed the record and find no abuse of
discretion. We note that a Rule 27 motion to perpetuate testimony
is available only under the civil rules, which are inapplicable to
a criminal proceeding such as this. While the district court had
jurisdiction to entertain the Rule 33 motion for new trial based on
newly discovered evidence,1 we conclude that the motion fails on
the merits.2 Accordingly, we affirm. We deny the motion to
appoint counsel. 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
1
See United States v. Cronic, 466 U.S. 648, 667 n.42 (1984).
2
See United States v Rouse, 410 F.3d 1005, 1009 (8th Cir.
2005); United States v. Wallace, 528 F.2d 863, 866 (4th Cir. 1976).
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