Case: 16-51151 Document: 00513909318 Page: 1 Date Filed: 03/13/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fif h Circuit
No. 16-51151 FILED
Summary Calendar March 13, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSHUA CONLAN, also known as Joco,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:11-CR-451-1
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
Joshua Conlan appeals the district court’s denial of his motion for a new
trial based on new evidence under Federal Rule of Criminal Procedure 33(b)(1).
He also moves for release on bail pending appeal. Conlan is serving a 96-month
prison sentence for interstate stalking. He contends that new evidence shows
that he and the stalking victim were in a dating relationship. He fails to show
that the evidence could not have been previously discovered through due
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-51151 Document: 00513909318 Page: 2 Date Filed: 03/13/2017
No. 16-51151
diligence. See United States v. Freeman, 77 F.3d 812, 817 (5th Cir. 1996).
Moreover, his contention that the evidence would produce an acquittal is
thoroughly refuted by the entire body of trial evidence and is thus so devoid of
arguable merit as to be frivolous. See id.; United States v. Conlan, 786 F.3d
380, 384-85 (5th Cir. 2015); see also Texas v. United States, 808 F.3d 675, 676
(5th Cir. 2015).
Accordingly, the appeal is DISMISSED AS FRIVOLOUS, and the bail
motion is DENIED AS MOOT.
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