UNITED STATES v. ABRAMS (2021)

MEMORANDUM **

John Thomas Abrams appeals pro se from the district court's order denying his motion for a new trial on his convictions for kidnapping, in violation of 18 U.S.C. §§ 1201(a)(1) and (g)(1), and transportation of a minor for illegal sexual activity, in violation of 18 U.S.C. § 2423(a). We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion, see United States v. Hinkson, 585 F.3d 1247, 1259 (9th Cir. 2009) (en banc), and we affirm.

Abrams contends that the prison confiscated CDs and thumb drives, and when they were returned to him a year after the trial, he discovered they contained evidence that would have discredited government witnesses. Even if, as Abrams contends, the evidence was newly discovered, he did not make the necessary showing that “the evidence [was] neither cumulative nor merely impeaching.” United States v. Harrington, 410 F.3d 598, 601 (9th Cir. 2005) (internal quotation marks omitted).

AFFIRMED.