United States v. Curtis Swayze

BEAM, Circuit Judge.

A jury convicted Curtis Swayze of possessing, with intent to distribute, cocaine and cocaine base (crack). In this appeal, along with challenging evidentiary sufficiency, Swayze argues that the trial court erred when it refused to grant a new trial based on newly discovered polygraph results that showed one of his witnesses testified truthfully. We affirm.

I. BACKGROUND

On the night they arrested Swayze, Sergeant Been and Officer Kolder entered the Cognac Club to conduct a routine bar check. Drug trafficking often occurred in the Cognac Club. In fact, most times Been cheeked…