United States v. Denzil Olajuwon Stewart

── United States v. Denzil Olajuwon Stewart ── Court: Court of Appeals for the Eleventh Circuit Date: May 01, 2026 Category: CON USCA11 Case: 25-11569 Document: 40-1 Date Filed: 05/01/2026 Page: 1 of 9 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11569 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DENZIL OLAJUWON STEWART, Defendant-Appellant. ____________________ Appeals from the United States District Court for the Southern District of Florida D.C. Docket No. 2:24-cr-14058-DMM-2 ____________________ ____________________ No. 25-11888 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, USCA11 Case: 25-11569 Document: 40-1 Date Filed: 05/01/2026 Page: 2 of 9 2 Opinion of the Court 25-11569 versus DENZIL OLAJUWON STEWART, Defendant-Appellant. ____________________ Appeals from the United States District Court for the Southern District of Florida D.C. Docket No. 2:24-cr-14058-DMM-2 ____________________ Before NEWSOM, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: Denzil Stewart appeals the denial of his motion for new trial based on newly discovered evidence and his request for an eviden- tiary hearing, pursuant to Rule 33 of the Federal Rules of Criminal Procedure. For the reasons discussed below, we conclude that the district court did not abuse its discretion in denying the motion be- cause the evidence constituted cumulative impeachment that would not have changed the outcome of the case, and we affirm. I. In 2024, a grand jury returned a superseding indictment charging Stewart and his co-defendant Carlos L. Avila with four counts: one count of conspiracy to possess with intent to distribute a controlled substance (50 grams or more of methamphetamine), in violation of 21 U.S.C. § 846 (Count 1); and three counts of distri- bution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) USCA11 Case: 25-11569 Document: 40-1 Date Filed: 05/01/2026 Page: 3 of 9 25-11569 Opinion of the Court 3 (Counts 2–4). Avila pled guilty to all counts, cooperated with the government, and received a 97-month sentence. Stewart proceeded to trial. The evidence presented at trial established that Stewart was a methamphetamine supplier. Tyrell Bennett, a cooperating witness for the DEA, testified that Stewart had been one of his sources for methamphetamine in April 2023, delivering the drugs in plastic grocery bags. A pole camera outside of Stewart’s Vero Beach, Florida residence captured Avila, Stew- art’s alleged co-conspirator, arriving and departing within ninety seconds on December 12, 2023, after which Avila sold six ounces of methamphetamine packaged in grocery bags bearing both men’s fingerprints to a confidential source used by the DEA to make con- trolled purchases from Avila. On