USA vs. Berry, (5th Cir. 1996)

Docket Number:95-40631

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-40631 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIA BERRY, also known as Tony, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas (1:92-CR-93-1) February 23, 1996 Before JOLLY, JONES and STEWART, Circuit Judges.

PER CURIAM: * Appellant Antonio Berry appeals from the district court's denial of his motion for a new trial, filed pursuant to Fed. R. Crim. P. 33. He contends that he recently learned that, under a local rule of the United States District Court for the Eastern District of Texas, his trial attorney was not qualified to practice law in that court, and that the attorney was thus p er se ineffective. We have reviewed the record and the district court's dec ision and find no reversible error. The local rule to which Berry refers is not "newly di scovered evidence", and his counsel was properly admitted to the court in this case. Other issues are presented by Berry for the first time on appeal, and we decline to review th em. Accordingly, we affirm for essentially the reasons given in the district court's decision. B erry v. United States , No. 1:92-CR-93-1 (E.D. Tex.

July 13, 1995).