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466 F. App'x 340
5th Cir.
2012

*1 Before REAVLEY, SMITH, and PRADO, Circuit Judges.

PER CURIAM: [*]

Marshun D. Stewart appeals the district court’s denial of his motion for a new trial. His brief contains no citations to the record in support of either his statement of the facts or his legal argument. Pursuant to F ED . R. A PP . P. 28(a)(7) & (9), the appellant’s brief must include “a statement of facts relevant to the issues submitted for review with appropriate references to the record” and an argument section that contains the “appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the *2 Case: 10-60738 Document: 00511816542 Page: 2 Date Filed: 04/10/2012

No. 10-60738

appellant relies.” Because Stewart has not provided any record support for his contentions that the district court erred in denying his motion for a new trial, he has abandoned this issue by failing to adequately brief it. See United States v. Cothran , 302 F.3d 279, 286 n.7 (5th Cir. 2002) ; Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987).

Even if counsel’s unsupported arguments were considered, no abuse of discretion by the district court has been shown. See United States v. Piazza , 647 F.3d 559, 565 (5th Cir. 2011).

AFFIRMED.

2

Notes

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Marshun Stewart
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Apr 10, 2012
Citations: 466 F. App'x 340; 10-60738
Docket Number: 10-60738
Court Abbreviation: 5th Cir.
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