                     UNITED STATES COURT OF APPEALS
                          FOR THE FIFTH CIRCUIT


                           _______________________

                                 No. 95-40631
                               Summary Calendar
                           _______________________


                        UNITED STATES OF AMERICA,

                                                          Plaintiff-Appellee,

                                    versus

                   ANTONIA BERRY, also known as Tony,

                                                      Defendant-Appellant.


_________________________________________________________________

           Appeal from the United States District Court
                 for the Eastern District of Texas
                           (1:92-CR-93-1)
_________________________________________________________________


                        February 23, 1996
Before JOLLY, JONES and STEWART, Circuit Judges.

PER CURIAM:*

            Appellant Antonio Berry appeals from the district court's

denial of his motion for a new trial, filed pursuant to Fed. R.

Crim. P. 33.      He contends that he recently learned that, under a

local rule of the United States District Court for the Eastern

District of Texas, his trial attorney was not qualified to practice

law   in   that   court,    and   that   the   attorney    was   thus   per   se

ineffective.      We have reviewed the record and the district court's


      *
      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this opinion should not be published and is not precedent except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.
decision and find no reversible error.    The local rule to which

Berry refers is not "newly discovered evidence", and his counsel

was properly admitted to the court in this case.   Other issues are

presented by Berry for the first time on appeal, and we decline to

review them.   Accordingly, we affirm for essentially the reasons

given in the district court's decision.   Berry v. United States,

No. 1:92-CR-93-1 (E.D. Tex. July 13, 1995).

          AFFIRMED.




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