What is the test for a motion to dismiss a motion alleging that the evidence relied on is newly discovered?

(1) It must appear from the motion that the evidence relied on is, in fact, newly discovered [ ]; (2) the motion must allege facts from which the court may infer diligence on the part of the movant; (3) the evidence relied on must not be merely cumulative or impeaching; (4) must be material to the issues involved; and (5) must be such as, on a new trial, would probably produce an acquittal.

United States v. Krasny, 607 F.2d 840, 843 (9th Cir.1979) (emphasis in original), cert. denied, 445 U.S. 942 (1980).