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    United States v. Huggins, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Ira Huggins' motion for reconsideration of the denial of his motion for a new trial. To receive a new trial based on newly discovered evidence, Huggins must show that the evidence is newly discovered, he exercised due diligence, the evidence is not merely cumulative or impeaching, the evidence is material, and the evidence would likely result in acquittal. The Court of Appeals found that the district court did not abuse its discretion in denying the motion for reconsideration.

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    United States v. Huggins, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Ira Huggins' motion for reconsideration of the denial of his motion for a new trial. To receive a new trial based on newly discovered evidence, Huggins must show that the evidence is newly discovered, he exercised due diligence, the evidence is not merely cumulative or impeaching, the evidence is material, and the evidence would likely result in acquittal. The Court of Appeals found that the district court did not abuse its discretion in denying the motion for reconsideration.

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    Filed: 2008-03-27 Precedential Status: Non-Precedential Docket: 07-7471

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Ira Huggins' motion for reconsideration of the denial of his motion for a new trial. To receive a new trial based on newly discovered evidence, Huggins must show that the evidence is newly discovered, he exercised due diligence, the evidence is not merely cumulative or impeaching, the evidence is material, and the evidence would likely result in acquittal. The Court of Appeals found that the district court did not abuse its discretion in denying the motion for reconsideration.

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    8 views2 pages

    United States v. Huggins, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Ira Huggins' motion for reconsideration of the denial of his motion for a new trial. To receive a new trial based on newly discovered evidence, Huggins must show that the evidence is newly discovered, he exercised due diligence, the evidence is not merely cumulative or impeaching, the evidence is material, and the evidence would likely result in acquittal. The Court of Appeals found that the district court did not abuse its discretion in denying the motion for reconsideration.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7471

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    IRA ST ANTHONY HUGGINS,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston.
    Patrick Michael Duffy, District
    Judge. (2:04-cr-01098-PMD-1)

    Submitted:

    March 14, 2008

    Decided:

    March 27, 2008

    Before WILKINSON, MOTZ, and KING, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Ira St Anthony Huggins, Appellant Pro Se. Alston Calhoun Badger,


    Jr., Assistant United States Attorney, Charleston, South Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ira St Anthony Huggins appeals the district courts order
    denying his motion for reconsideration of the district courts
    order denying Huggins motion for a new trial.

    We affirm.

    Huggins sought a new trial based on newly discovered evidence.


    In order to warrant a new trial on this basis, Huggins must show
    that:

    (1) the evidence is newly discovered; (2) he used due

    diligence to discover the evidence; (3) the evidence is not merely


    cumulative or impeaching; (4) the evidence is material; and (5) the
    evidence would probably result in his acquittal at a new trial.
    United States v. Lofton, 233 F.3d 313, 318 (4th Cir. 2000).

    With

    these criteria in mind, we have reviewed the record and find that
    the district court did not abuse its discretion by denying Huggins
    motion for reconsideration of the order. United States v. Adam, 70
    F.3d 776, 779 (4th Cir. 1995) (reviewing denial of Fed. R. Crim. P.
    33 motion for new trial for abuse of discretion).

    Accordingly, we

    affirm. 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

    - 2 -

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