UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7333
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MARTIN F. SALAZAR,
Defendant – Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Margaret B. Seymour, District Judge.
(1:06-cr-00123-MBS-1)
Submitted: March 15, 2011 Decided: March 18, 2011
Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Martin F. Salazar, Appellant Pro Se. Dean A. Eichelberger,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Martin F. Salazar appeals the district court’s order
denying his Fed. R. Crim. P. 33 motion for a new trial based on
new evidence. His motion was based upon alleged new evidence
regarding his attorney’s suspension for actions in another case.
On appeal, Salazar does not challenge the district court’s
conclusion that this is not the type of evidence that can
support a Rule 33 motion. As such, he has waived any challenge
to the district court’s dispositive ruling. See 4th Cir. R.
34(b) (failure to raise claim in informal brief waives
consideration of that claim). Accordingly, we affirm. We deny
Salazar’s motions for appointment of counsel and for a
transcript. 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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