United States v. Lawrence

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 24, 2025
• Docket: 23-60265
• Status: Unpublished

Opinion

Case: 23-60265 Document: 188-1 Page: 1 Date Filed: 07/24/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-60265 Summary Calendar FILED ____________ July 24, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Kevin Lawrence,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:17-CR-149-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Kevin Lawrence, federal prisoner # 07291-043, filed a second motion for a new trial based on an affidavit from a trial witness purporting to recant that witness’s inculpatory testimony. After an evidentiary hearing at which the witness recanted the affidavit, the district court denied the motion for a new trial. Lawrence now appeals that decision.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-60265 Document: 188-1 Page: 2 Date Filed: 07/24/2025

No. 23-60265

The denial of a motion for a new trial is reviewed for abuse of discretion, with questions of law reviewed de novo and factual findings reviewed for clear error. United States v. Pratt, 807 F.3d 641, 645 (5th Cir. 2015). In light of the deference due to the district court’s well-supported findings that the recanting affidavit itself was false, Lawrence has failed to demonstrate an abuse of discretion. See id.; United States v. Piazza, 647 F.3d 559, 565 (5th Cir. 2011). Accordingly, the judgment of the district court is AFFIRMED. Lawrence’s pro se motion for judicial notice is DENIED, and his motion to file a corrected pro se supplemental reply brief is GRANTED.