United States v. James Dewayne McPhearson

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James Dewayne MCPHEARSON, Defendant-Appellant. No. 91-50248. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 18, 1992. Decided Oct. 15, 1992. 1 Before TANG and CYNTHIA HOLCOMB HALL, Circuit Judges, and WALKER, District Judge * 2 MEMORANDUM ** 3 James Dewayne McPhearson appeals his conviction for possessing cocaine base with intent to distribute and for conspiracy to commit that offense, all in violation of 21 U.S.C. §§ 841 (a), 846. He argues that a government witness may have committed perjury thereby necessitating a new trial and that the fruits of a key search should have been suppressed. We affirm. 4 * Because McPhearson does not claim that the prosecution or its agents knew of Dillard's alleged perjury, the defendant is entitled to a new trial only if there is a "reasonable probability that, had the evidence been disclosed to…