UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6230
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PERNELL JEFFREY SELLERS,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. W. Craig Broadwater,
District Judge. (CR-97-20)
Submitted: August 7, 2003 Decided: August 25, 2003
Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Harry A. Smith, III, JORY & SMITH, Elkins, West Virginia, for
Appellant. Thomas E. Johnston, United States Attorney, Zelda E.
Wesley, Assistant United States Attorney, Clarksburg, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Pernell Jeffrey Sellers was convicted of: Count 2, conspiracy
to distribute cocaine, 18 U.S.C. § 846 (2000); Count 3, killing or
causing a killing in furtherance of a continuing criminal
enterprise, 21 U.S.C. § 848(e) (2000); Count 4, interstate travel
in aid of racketeering, 18 U.S.C. §§ 1952, 2 (2000); and Count 5,
using and carrying a firearm during a crime of violence. 18 U.S.C.
§§ 924(c), 2 (2000). This court affirmed the convictions on appeal.
See United States v. Sellers, No. CR-97-20 (N.D.W. Va. Aug. 17,
2000) (unpublished).
Thereafter, Sellers filed a motion for new trial based upon
Denise Grantham’s recantation of her trial testimony. Sellers
alleged that this “newly discovered” evidence provided him a basis
for a new trial regarding his convictions for Counts 3, 4 and 5.
After holding a hearing, the district court denied the motion
relying on United States v. Wallace, 528 F.2d 863 (4th Cir. 1976).
We have reviewed the record and arguments on appeal, and do not
find that the district court abused its discretion in denying the
motion. See United States v. Roberts, 262 F.3d 286, 293 (4th Cir.
2001), cert. denied, 535 U.S. 991 (2002). Accordingly, we affirm.
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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