O'Brien v. United States

Order BEFORE: WEICK, MARTIN and JONES, Circuit Judges Upon consideration of petitioner-appellant's motions requesting the appointment of counsel with oral argument, the admission of exhibits and a free copy of certain portions of the trial transcript, A careful review of these documents, the briefs and the district court record reveals that the District Court properly denied petitioner's motions for a new trial filed under Rule 33, Federal Rules of Criminal Procedure. Petitioner's newly discovered evidence, being cumulative or impeaching in character, may not provide a basis upon which a motion for a new trial may be granted under the circumstances of this case. See United States v. Garner, 529 F.2d 962, 969 (6th Cir.), cert. denied, 426 U.S. 922 (1976). Several other issues presented by the petitioner in his brief are not properly reviewable in this cause as they are not relevant to matters raised by the petitioner in the District Court. See Roberts v. Berry, 541 F.2d 607, 610 (6th Cir. 1976). It is, accordingly, ORDERED that the aforementioned motions be and hereby ar edenied. It is further ORDERED that the District Court's judgments be and hereby are affirmed pursuant to Rule 9(d) 3, Rules of the Sixth Circuit, because the questions on which these appeals depend are so unsubstantial as not to need further argument.