U.S. v. Setencich

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Brian D. SETENCICH…

Court: United States Court of Appeals, Ninth Circuit

Date published: Dec 13, 2001

27 F. App'x 870 (9th Cir. 2001)

Opinion

27 Fed.Appx. 870 (9th Cir. 2001) UNITED STATES of America, Plaintiff-Appellee, v. Brian D. SETENCICH, Defendant-Appellant. No. 00-10445. D.C. No. CR-98-05389-OWW. United States Court of Appeals, Ninth Circuit. December 13, 2001

Argued and Submitted September 10, 2001.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Defendant was convicted in the United States District Court for the Eastern District of California, Oliver W. Wagner, J., and appealed. The Court of Appeals held that conviction was supported by evidence.

Affirmed.

Page 871.

Appeal from the United States District Court for the Eastern District of California Oliver W. Wanger, District Judge, Presiding.

Before REINHARDT, HAWKINS and RAWLINSON, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

In reviewing the denial of a motion for a new trial, we will find an abuse of discretion by the district court only "in exceptional circumstances in which the evidence weighs heavily against the verdict." See United States v. Chen, 754 F.2d 817, 821 (9th Cir.1985). Appellant has failed to demonstrate exceptional circumstances. To the contrary, there was sufficient evidence in the record to support Appellant's conviction.

AFFIRMED.