United States of America, Plaintiff Appellee, v. Derek Marquis Fleming, Defendant Appellant, 35 F.3d 557 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 35 F.3d 557 (4th Cir. 1994) Sept. 9, 1994

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Richard C. Erwin, Senior District Judge. (CR-91-179, CA-93-584).

Derek Marquis Fleming, appellant Pro Se.

Paul Alexander Weinman, Assistant United States Attorney, Greensboro, NC, for appellee.



Before WIDENER, HALL, and NIEMEYER, Circuit Judges.


Appellant appeals from the district court's order denying his motion to recuse the district court judge and denying his Fed. R. Crim. P. 33 motion for a new trial based on newly discovered evidence. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, finding no abuse of discretion, we deny Appellant's motion to stay the appeal and affirm the district court. United States v. Fleming, Nos. CR-91-179; CA-93-584 (M.D.N.C. Jan. 10, 1994). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.



Fleming's motion to dismiss the appeal without prejudice is denied also