Conference Calendar UNITED STATES OF AMERICA v. Noah Moore

* Pursuant to 5TH CIR. R. 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should not be published and is not precedent except under the limited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 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-30713
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
NOAH MOORE
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:03-CR-282-1
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Noah Moore, federal prisoner # 24804-013, appeals the denial of his FED.
R. CRIM. P. 33 motion for a new trial. He argues that the Government failed to
disclose a tacit agreement with a testifying witness, entitling him to a new trial
pursuant to Brady v. Maryland, 373 U.S. 83 (1963).
Nondisclosure of evidence affecting the credibility of a witness whose
reliability may be determinative of guilt violates Brady. United States v.
United States Court of Appeals
Fifth Circuit
F I L E D
June 19, 2008
Charles R. Fulbruge III
Clerk

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No. 07-30713
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Edwards, 442 F.3d 258, 264 (5th Cir. 2006). There is no record evidence,
however, of a tacit promise made by the Government promising the witness
leniency in exchange for his testimony. Consequently, Moore has not shown the
existence of suppressible evidence, see id. at 266-67; United States v. Nixon, 881
F.2d 1305, 1311 (5th Cir. 1989), and, as such, has not shown an abuse of
discretion on the part of the district court in denying his motion for a new trial.
See United States v. Infante, 404 F.3d 376, 387 (5th Cir. 2005).
AFFIRMED.

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