What is the test for a motion for a new trial based on newly discovered evidence for abuse of power?

We review the denial of a motion for a new trial based on newly discovered evidence for abuse of discretion. United States v. Sitton, 968 F.2d 947, 959 (9th Cir.1992), cert. denied, 113 S.Ct. 1306 (1993); United States v. Kulczyk, 931 F.2d 542, 548 (9th Cir.1991). To prevail on a motion for a new trial, the movant must satisfy a five-part test: (1) the evidence must be newly discovered; (2) the failure to discover the evidence sooner must not be the result of lack of diligence; (3) the evidence must be material to the issues at trial; (4) the evidence must be neither cumulative nor impeaching; and (5) the evidence must indicate that a new trial would probably result in acquittal. See Sitton, 968 F.2d at 959-60; Kulczyk, 931 F.2d at 548.