¶1 Noah Moore, federal prisoner #24804-013, appeals the denial of his Fed. R. CrimP. 33 motion for a new trial. He argues that the Government failed to disclose a tacit agreement with a testifying witness, entitling him to a new trial pursuant to Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L.Ed.2d 215 (1963).
¶2 Nondisclosure of evidence affecting the credibility of a witness whose reliability may be determinative of guilt violates Brady. United States v. Edwards, 442 F.3d 258, 264 (5th Cir.2006). There is no record evidence, however, of a tacit promise made by the Government promising the witness leniency in exchange for his testimony. Consequently, Moore has not shown the existence of suppressible evidence, see id. at 266-67; United States v. Nixon, 881 F.2d 1305, 1311 (5th Cir.1989), and, as such, has not shown an abuse of discretion on the part of the district court in denying his motion for a new trial. See United States v. Infante, 404 F.3d 376, 387 (5th Cir.2005).
¶3 AFFIRMED.