Lewis

MEMORANDUM *

Daniel Lewis (“appellant”) appeals his conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g) and his federal sentence of 10 years. We affirm.

We review for an abuse of discretion the district court’s denial of the motion for new trial. City Solutions, Inc. v. Clear Channel Communications, Inc., 365 F.3d 835, 843 (9th Cir.2004). The court may grant a motion for new trial based on newly discovered evidence if: (1) the exercise of due diligence would not have resulted in the evidence being discovered sooner; (2) the evidence is material, not merely cumulative or impeaching; and (3) the evi *878 dence will probably produce an acquittal at a new trial. See United States v. Jackson, 209 F.3d 1103, 1106 (9th Cir.2000). Newly discovered impeachment evidence is material only if the new evidence renders “totally incredible” the testimony of a witness, and that witness’s testimony at trial was “uncorroborated” and “provided the only evidence of an essential element of the government’s case.” United States v. Davis, 960 F.2d 820, 825 (9th Cir.1992).

The district court did not abuse its discretion in denying appellant’s motion for new trial…