Legal Opinion
United States v. Lewis
Court of Appeals for the Ninth Circuit
Decided September 28, 2004No. 03-30281; D.C. No. CR-01-00149-A-JWSPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM *
Daniel Lewis (“appellant”) appeals his conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) and his federal sentence of 10 years. We affirm.
We review for an abuse of discretion the district court’s denial of the motion for new trial. City Solutions, Inc. v. Clear Channel Communications, Inc., 365 F.3d 835, 843 (9th Cir.2004). The court may grant a motion for new trial based on newly discovered evidence if: (1) the exercise of due diligence would not have resulted in the evidence being discovered sooner; (2) the evidence is material, not merely…
2Cases cited10 opinions
- Blakely v. WashingtonSupreme Court of the United States · 2004
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2004
- United States v. Jerry Diggs, United States of America v. Peter OliverezCourt of Appeals for the Ninth Circuit · 1981
- United States v. DavisCourt of Appeals for the Ninth Circuit · 1992
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3Cited by2 opinions
- United States v. Daniel Carson LewisCourt of Appeals for the Ninth Circuit · 2005
- United States v. LewisCourt of Appeals for the Ninth Circuit · 2005