UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7079
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DERRICK ANTHONY JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Charlottesville. Samuel G. Wilson, Chief
District Judge. (CR-95-17)
Submitted: December 16, 1999 Decided: December 29, 1999
Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Affirmed by unpublished per curiam opinion.
Derrick Anthony Johnson, Appellant Pro Se. Ray B. Fitzgerald, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Derrick Anthony Johnson appeals the district court’s order
denying his motion for a new trial based upon newly discovered
evidence under Fed. R. Crim. P. 33. We have reviewed the record
and the district court’s opinion and find no reversible error.
Accordingly, we affirm on the reasoning of the district court. See
United States v. Johnson, No. CR-95-17 (W.D. Va. July 15, 1999).
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process.
AFFIRMED
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