United States v. Chukwuma

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 97-11093
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DAMIAN CHUKWUMA,
also known as Kristopher Aaron,

Defendant-Appellant.

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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CR-104-D
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July 29, 1998
Before DUHE’, EMILIO M. GARZA and DeMOSS, Circuit Judges.

PER CURIAM:*

Damian Chukwuma appeals his convictions for use of a false

Social Security number, wire fraud, and money laundering. He

argues that the district court should have granted his motion for

new trial based on three affidavits attested to after the trial

by Juanito Peralto, a government witness, in which Peralto

allegedly recants his trial testimony. Chukwuma argues that

*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
 No. 97-11093
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Peralto’s trial testimony had a substantial effect on the jury’s

guilty verdict and that the evidence in his affidavits would

have, in all reasonable probability, changed the outcome of the

verdict.

Peralto’s affidavits do not substantially change anything

that Peralto said at trial. Chukwuma has not shown that the

evidence would probably produce an acquittal. The district court

did not abuse its discretion in denying the motion for new trial.

United States v. Time, 21 F.3d 635, 642-43 (5th Cir. 1994).

AFFIRMED.