United States v. Walton ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 98-6220
ERIC ARTHUR WALTON,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of West Virginia, at Wheeling.
Frederick P. Stamp, Jr., Chief District Judge.
(CR-94-21)
Submitted: April 28, 1998
Decided: May 19, 1998
Before WIDENER and LUTTIG, Circuit Judges, and
PHILLIPS, Senior Circuit Judge.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
Jay Thornton McCamic, MCCAMIC & MCCAMIC, Wheeling, West
Virginia, for Appellant. Paul Thomas Camilletti, OFFICE OF THE
UNITED STATES ATTORNEY, Wheeling, West Virginia, for
Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Eric Walton appeals the district court order denying his motion for
a new trial based on newly discovered evidence. Walton was con-
victed of drug charges in 1994. During his trial he and another indi-
vidual attempted to bribe one of the jurors. The improper contact
resulted in Walton's 1997 conviction for jury tampering. Walton now
alleges that during the course of his jury tampering trial he learned
new information about the activities of the jury that convicted him in
his 1994 trial. Because we find that Walton fails to show that this new
information calls into question the actual fairness of his trial, we
affirm.
A district court's denial of a motion for a new trial will not be set
aside absent an abuse of discretion. See United States v. Campbell,
977 F.2d 854, 860 (4th Cir. 1992). Generally, a defendant seeking a
new trial based on newly discovered evidence must show that the evi-
dence is such that, on a new trial, it would probably produce an
acquittal. United States v. Chavis, 880 F.2d 788, 793 (4th Cir. 1989)
(citing United States v. Bales, 813 F.2d 1289, 1295 (4th Cir. 1987)).
While we recognize that the type of newly discovered evidence Wal-
ton has uncovered does not fit squarely with this requirement, see
United States v. Smith, 62 F.3d 641, 650 (4th Cir. 1995), we find that
Walton still must make a showing that the "newly discovered evi-
dence" undermined the integrity and reliability of his conviction. See
United States v. Endicott, 869 F.2d 452, 457 (9th Cir. 1989) (requir-
ing defendant to establish actual prejudice resulting from an improper
juror contact in order to receive a new trial). Due to the overwhelming
evidence of Walton's guilt at his 1994 trial we find that Walton has
failed to make such a showing.
Accordingly, we affirm the district court's order denying his
motion for a new trial. We dispense with oral argument because the
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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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