US v. Dwayne Ferguson, No. 08-8319 (4th Cir. 2009)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8319 UNITED STATES OF AMERICA, Plaintiff Appellee, v. DWAYNE FERGUSON, Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:04-cr-00013-REP-1) Submitted: January 13, 2009 Before WILLIAMS, Judges. Chief Judge, Decided: and TRAXLER January 20, 2009 and KING, Circuit Affirmed by unpublished per curiam opinion. Dwayne Ferguson, Appellant Pro Se. Olivia N. Hawkins, OFFICE OF THE Richmond, Virginia, for Appellee. Stephen David UNITED STATES Schiller, ATTORNEY, Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dwayne Ferguson appeals the district court denying his Fed. R. Crim. P. 33 motion for a new trial. order We have reviewed the record and find no reversible error. Ferguson filed his motion for a new trial over four years after the jury returned its guilty verdict and more than three years after the judgment of conviction was entered. A motion for a new trial based on newly discovered evidence must be filed within three years after the finding of guilt. Ferguson exceeded the time limit provided by Fed. R. Crim. P. 33. Therefore, the district court properly denied the motion. Accordingly, we affirm for the order of the district court. legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
