United States v. Luene Benjamin Curry

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Luene Benjamin CURRY, Defendant-Appellant. No. 91-30367. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 11, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Luene Benjamin Curry appeals pro se the district court's denial of his Fed.R.Crim.P. 33 motion for a new trial. Curry contends the district court abused its discretion by failing to grant his motion because newly discovered evidence demonstrated that his conviction was the result of prosecutorial misconduct. He also contends the district court erred by failing to grant his motion for a new trial based on arguments other than newly discovered evidence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 "We review for abuse of discretion a district court's denial of a new trial motion based on newly discovered…