IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-40425 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL L. YOUNG,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. C-95-CR-136-2 - - - - - - - - - - October 29, 1996 Before GARWOOD, JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

Michael L. Young challenges his conviction for delivery of

5.5 grams of cocaine base. He argues that the district court

abused its discretion by denying his motion for new trial based

on newly discovered evidence, specifically, Ralph Anderson’s

testimony concerning what Gary Reed, a key witness at Young’s

trial, told Anderson approximately one month after Young’s trial.

We have carefully reviewed the arguments and appellate record.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-40425 - 2 -

We detect no abuse of discretion. See United States v. Nixon,

(5th Cir. 1989); United States v.

Hamilton,

(5th Cir. 1977).

AFFIRMED.