United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 09-2504 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Fontaine Demmond Sherman, * * [UNPUBLISHED] Appellant. * ___________

Submitted: February 18, 2010 Filed: February 23, 2010 ___________

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ___________

PER CURIAM.

Fontaine Demmond Sherman appeals the district court’s1 denial of his Federal Rule of Criminal Procedure 33 motions for a new trial based on newly discovered evidence. We affirm for the reasons stated by the district court. See 8th Cir. R. 47B. ______________________________

1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas.