United States of America v. JOHN THOMAS ABRAMS, AKA David Blackwell, AKA Buck, AKA David George Garnett, AKA…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOHN THOMAS ABRAMS, AKA David
Blackwell, AKA Buck, AKA David George
Garnett, AKA John McDonald, AKA John
Gordon Walker,
Defendant-Appellant.
No. 20-10140
D.C. No. 3:14-cr-00069-MMD-
WGC-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted May 18, 2021**
Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.
John Thomas Abrams appeals pro se from the district court’s order denying
his motion for a new trial on his convictions for kidnapping, in violation of 18
U.S.C. §§ 1201(a)(1) and (g)(1), and transportation of a minor for illegal sexual
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-10140
activity, in violation of 18 U.S.C. § 2423(a). We have jurisdiction under 28 U.S.C.
§ 1291. We review for abuse of discretion, see United States v. Hinkson, 585 F.3d
1247, 1259 (9th Cir. 2009) (en banc), and we affirm.
Abrams contends that the prison confiscated CDs and thumb drives, and
when they were returned to him a year after the trial, he discovered they contained
evidence that would have discredited government witnesses. Even if, as Abrams
contends, the evidence was newly discovered, he did not make the necessary
showing that “the evidence [was] neither cumulative nor merely impeaching.”
United States v. Harrington, 410 F.3d 598, 601 (9th Cir. 2005) (internal quotation
marks omitted).
AFFIRMED.

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