UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4717
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARLESE FLAVIA ANDERSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CR-98-198-H)
Submitted: May 11, 1999 Decided: August 19, 1999
Before WIDENER and NIEMEYER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Linda Kaye Teal, Cary, North Carolina, for Appellant. Janice
McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant
United States Attorney, Banumathi Rangarajan, Assistant United
States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marlese Flavia Anderson appeals the district court order deny-
ing her motion for a new trial under Fed. R. Crim. P. 33. We have
reviewed the record and find no reversible error. Insofar as
Anderson claimed the evidence cited in the motion was newly dis-
covered, Anderson failed to show that the evidence was not dis-
coverable prior to the suppression hearing, that the evidence was
more than merely impeachment evidence, or that the evidence had any
bearing on the essential elements of the offense. We also find
that Anderson failed to establish that the Government failed in its
obligations under Brady v. Maryland, 373 U.S. 83 (1963), to dis-
close material exculpatory evidence.
Accordingly, we affirm the district court’s order. We dis-
pense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid in the decisional process.
AFFIRMED
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