United States v. Pattern George Kauwe, Jr.

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pattern George KAUWE, Jr., Defendant-Appellant. No. 94-10226. United States Court of Appeals, Ninth Circuit. Submitted Dec. 13, 1994. * Decided June 28, 1995. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Patten George Kauwe, Jr. appeals the district court's denial of his motion for a new trial based on newly discovered evidence. He contends that evidence of an indictment and ongoing criminal investigation of a police officer who testified at Kauwe's suppression hearing and trial constitutes newly discovered evidence requiring a new trial. We reject this contention and affirm. 3 In order to obtain a new trial Kauwe is required to show that "(1) the evidence is newly discovered and was unknown to [him] at the time of trial, (2) the evidence is material, not merely cumulative or impeaching, (3) the evidence will probably produce an acquittal,…