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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-1905 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Edward Lee Williams, * * [UNPUBLISHED] Appellant. * ___________ Submitted: October 12, 2005 Filed: November 15, 2005 ___________ Before ARNOLD, BOWMAN and MURPHY, Circuit Judges. ___________ PER CURIAM. Edward Lee Williams appeals from the denial by the district court1of his motion for a new trial under Fed. R. Crim. P. 33. Mr. Williams was convicted of a drug offense, see 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), 851, and his conviction was upheld on appeal. See United States v. Williams,
340 F.3d 563(8th Cir. 2003). He maintains that new evidence, in the form of testimony from his sister, was sufficiently exculpatory to entitle him to a new trial. 1 The Honorable Mark W. Bennett, Chief Judge, United States District Court for the Northern District of Iowa. The district court held that the sister's testimony did not qualify as newly discovered evidence under the relevant rule and that the testimony was so lacking in credibility that it was not likely to produce an acquittal. See United States v. Yerkes,
345 F.3d 558, 562 (8th Cir. 2003). After a careful review of the record, and a consideration of the well-known legal principles that guide the case, we affirm the judgment of the district court on the basis of its well-reasoned opinion. ______________________________ -2-
Document Info
Docket Number: 05-1905
Citation Numbers: 153 F. App'x 983
Filed Date: 11/15/2005
Precedential Status: Non-Precedential
Modified Date: 1/12/2023