UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7266

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LINCOLN MONROE BROCK,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:03-cr-00429-JAB)

Submitted: January 17, 2008 Decided: January 24, 2008

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Lincoln Monroe Brock, Appellant Pro Se. Randall Stuart Galyon, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Lincoln Monroe Brock appeals the district court’s order

denying his Fed. R. Crim. Pro. 33 motion for a new trial predicated

on newly discovered evidence. We have reviewed the record and find

the district court did not abuse its discretion in denying Brock’s

motion. Accordingly, we affirm for the reasons stated by the

district court. United States v. Brock, No. 1:03-cr-00429-JAB

(M.D.N.C., Aug. 10, 2007). 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

- 2 -