United States v. Saadvandi

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4994
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
NASRIN SAADVANDI,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CR-98-241-A)
Submitted: March 20, 2003 Decided: April 3, 2003
Before LUTTIG, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Drewry B. Hutcheson, Jr., MCGINLEY, ELSBERG & HUTCHESON, P.L.C.,
Alexandria, Virginia, for Appellant. Paul J. McNulty, United States
Attorney, Morris R. Parker, Jr., Assistant United States Attorney,
Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Nasrin Saadvandi appeals the district court order denying her
motion for a new trial. We review the denial of a motion for a new
trial based upon newly discovered evidence for abuse of discretion.
United States v. Arrington, 757 F.2d 1484, 1486 (4th Cir. 1985).
Under United States v. Bales, 813 F.2d 1289, 1294 (4th Cir. 1987),
there are five factors to review when determining whether to grant
a motion for a new trial. Unless the district court finds in the
affirmative for all five factors, a new trial is not warranted.
United States v. Chavis, 880 F.2d 788, 793 (4th Cir. 1989). After
reviewing the record, we find the district court did not abuse its
discretion.
Accordingly, we affirm the district court’s order. 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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