O'Quinn

United States v. O'Quinn

Good Law
311 F. App'x 980
United States Court of Appeals for the Ninth CircuitFebruary 18, 2009No. 07-10613California481 words

Opinion

Lead Opinion

*982 MEMORANDUM *

Cindy O’Quinn was convicted following a jury trial on one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). After her conviction, but before sentencing, she learned that the government had evidence that she thought should have been disclosed to her. She filed a motion to dismiss the indictment or for a new trial, asserting that the newly discovered evidence was exculpatory. The district court denied the motion, and O’Quinn now appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err or abuse its discretion in denying O’Quinn’s motion to dismiss the indictment or for a new trial. 1 See United States v. George, 420 F.3d 991, 1000 (9th Cir.2005) (“This court reviews a denial of a motion for new trial based upon newly discovered evidence for an abuse of discretion.”); United States v. Holler, 411 F.3d 1061, 1065 (9th Cir.2005) (“A claim that the indictment should be dismissed because the government’s conduct was so outrageous as to violate due process is reviewed de novo.”); United States v. Antonakeas, 255 F.3d 714, 725 (9th Cir.2001) (“A district court’s…

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