IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-10754 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES WATSON RAMSEY, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:96-CR-59-ALL -------------------- October 20, 1999 Before JONES, WIENER, and STEWART, Circuit Judges.

PER CURIAM:* James Watson Ramsey, federal prisoner #28081-077, appeals from the district court’s denial of his motion for new trial following his guilty-plea conviction for use of fire to commit mail fraud. Ramsey argues that the district court lacked jurisdiction to convict and sentence him, that the factual resume for his guilty plea did not contain evidence of the essential elements of the offense, that he was improperly sentenced pursuant to U.S.S.G. § 2K2.4 for using explosives, and that the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 98-10754 -2- Government made false statements to the district court regarding the evidence to support his alleged crime. We have reviewed the record and find no reversible error. Ramsey has not satisfied the Fed. R. Crim. P. 33 standards for the granting of a new trial. The district court therefore did not abuse its discretion by denying his motion for new trial. See United States v. Jaramillo, 42 F.3d 920, 924 (5th Cir. 1995). Accordingly, the judgment of the district court is AFFIRMED.