Ibarra-Lemus

MEMORANDUM ***

Antonio Ibarra-Lemus appeals his conviction in the District Court for the Eastern District of California for aiding and abetting, conspiracy, and possession of methamphetamine with intent to distribute. Ibarra-Lemus argues that the District Court abused its discretion in denying his motion for a new trial on the grounds of newly discovered evidence and erred in denying his motion for release on bail pending appeal. Because the District Court neither abused its discretion nor erred in denying Ibarra-Lemus’s motions, we will affirm.

I.

Ibai’ra-Lemus argues that he should have been granted a new trial on the grounds of newly discovered evidence. To prevail on a motion for new trial based upon newly discovered evidence, Ibarra-Lemus must show: “(1) the evidence is newly discovered; (2) failure to discover the evidence sooner was not due to lack of diligence; (3) the evidence was material to trial issues; (4) the evidence was not cumulative or merely impeaching; and (5) a new trial, if granted, would probably result in acquittal.” United States v. George, 420 F.3d 991, 1000 (9th Cir.2005).

The evidence — post-trial statements by Jose Luis Lira Ibarra (“Lira”) that…