Thrasher
United States v. Thrasher
Opinion
Lead Opinion
MEMORANDUM *
Ronald Wayne Thrasher (“Thrasher”) appeals the district court’s denial of his motion for a new trial and evidentiary hearing. We affirm the district court’s decision.
On April 26, 1997, Tia Carlson and Thrasher were stopped by Oregon police. Carlson was arrested for driving under the influence. Thrasher was arrested later, when the police determined that a loaded .380 caliber semiautomatic pistol found during a search of the vehicle belonged to him. Thrasher was convicted on the charge of “felon in possession of a firearm” in violation of 18 U.S.C. § 922 (g)(1). Carlson was the government’s key witness against Thrasher.
Thrasher contends that he can produce credible admissible evidence, through statements of a new witness, that the ATF Special Agent involved in his trial promised Carlson an award nomination. That testimony was not crucial to the case because there was other strong evidence of Thrasher’s guilt and Carlson was fully and vigorously cross-examined by defense counsel. Therefore, the district court acted within its discretion in denying the Motion For an Evidentiary Hearing because the evidence was not material.