US v. Dwayne Ferguson

Filing 920090120

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8319

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. DWAYNE FERGUSON, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:04-cr-00013-REP-1)

Submitted:

January 13, 2009

Decided:

January 20, 2009

Before WILLIAMS, Judges.

Chief

Judge,

and

TRAXLER

and

KING,

Circuit

Affirmed by unpublished per curiam opinion.

Dwayne Ferguson, Appellant Pro Se. Olivia N. Hawkins, OFFICE OF THE Richmond, Virginia, for Appellee.

Stephen David UNITED STATES

Schiller, ATTORNEY,

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Dwayne Ferguson appeals the district court order We have

denying his Fed. R. Crim. P. 33 motion for a new trial. reviewed the record and find no reversible error.

Ferguson filed his motion for a new trial over four years after the jury returned its guilty verdict and more than three years after the judgment of conviction was entered. A

motion for a new trial based on newly discovered evidence must be filed within three years after the finding of guilt.

Ferguson exceeded the time limit provided by Fed. R. Crim. P. 33. Therefore, the district court properly denied the motion. Accordingly, we affirm for the order of the district court. legal before We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. AFFIRMED

2