United States v. George N. Compton, AKA George N. Smith

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. George N. COMPTON, aka George N. Smith, Defendant-Appellant. Nos. 92-10353, 92-10690. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1993. Decided Oct. 28, 1993. Before: HUG, FARRIS, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Compton appeals his jury conviction and sentence for felony murder on an Indian reservation and use of a firearm during a crime of violence. We affirm. Two issues are presented: 3 (1) Whether the district court abused its discretion by denying Compton's motion for a new trial based on newly discovered evidence; and 4 (2) Whether the district court committed reversible error by giving a supplemental jury instruction concerning felony murder. 5 Evidence is "material" in the Brady sense "only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding…