United States v. Terry Franklin Kaylor

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Terry Franklin KAYLOR, Defendant-Appellant. No. 94-30088. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 14, 1994. Before: D.W. NELSON, HALL, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Terry Franklin Kaylor appeals his conviction following a jury trial for knowing and intentional manufacture of marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Kaylor contends that the district court erred in denying his motion for a new trial because he presented newly discovered evidence. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review the denial of a motion for a new trial based on newly discovered evidence for abuse of discretion. United States v. Sitton, 968 F.2d 947, 959 (9th Cir.1992), cert. denied, 113 S.Ct. 1306 (1993); United States v. Kulczyk, 931 F.2d 542, 548 (9th Cir.1991). To prevail on a motion…