IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50874
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BUDDY RAY GUNN,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-93-CR-34
- - - - - - - - - -
June 21, 1996
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Buddy Ray Gunn appeals from the district court's denial of
his motion for a new trial, filed pursuant to Fed. R. Crim. P.
33. He contends that the district court abused its discretion by
denying his motion without a hearing, as he presented newly
discovered evidence that was material and which would probably
have resulted in either his acquittal or the mitigation of his
sentence. The district court did not abuse its discretion by
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-50874
- 2 -
denying the motion without a hearing as review of the evidence
demonstrates that it was not material and would not have changed
the result of Gunn’s trial or sentence. See United States v.
MMR Corp., 954 F.2d 1040, 1046-47 (5th Cir. 1992).
AFFIRMED.