United States v. Eric Turner

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6472

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERIC MICHAEL TURNER, a/k/a Boo,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:97-cr-00020-JPB-JES-1)

Submitted: October 18, 2011 Decided: October 20, 2011

Before WILKINSON, MOTZ, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eric Michael Turner, Appellant Pro Se. Paul Thomas Camilletti, Assistant United States Attorney, Martinsburg, West Virginia; Zelda Elizabeth Wesley, Assistant United States Attorney, Clarksburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Eric Michael Turner appeals the district court’s order

accepting the magistrate judge’s recommendation and denying his

motion for a new trial. We have reviewed the record and find no

reversible error. See United States v. Bynum, 3 F.3d 769, 773-

74 (4th Cir. 1993) (reviewing denial of motion for a new trial

for abuse of discretion; providing test for motion).

Accordingly, we affirm for the reasons stated by the district

court. United States v. Turner, No. 3:97-cr-00020-JPB-JES-1

(N.D.W. Va. Mar. 22, 2011). 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.

AFFIRMED