Lombardi v. United States

Eleventh Circuit

Lombardi v. United States

126 F. App'x 937

Court of Appeals for the Eleventh Circuit·Decided April 20, 2005·No. No. 04-12691; D.C. Docket Nos. 02-00360-CV-4-RH and 99-00071-CR-4-R·Published

Opinion

PER CURIAM.

In this appeal, appellant challenges the district court’s decision rejecting his Fed. R.Crim.P. 33 motion for new trial based on newly discovered evidence as time-barred because the motion was not filed within the three-year limitations period the rule prescribes. Rule 33’s limitations periods are jurisdictional. United States v. Bramlett, 116 F.3d 1403, 1405 (11th Cir.1997). The district court therefore lacked jurisdiction to consider appellant’s motion.

AFFIRMED.

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PER CURIAM.

In this appeal, appellant challenges the district court’s decision rejecting his Fed. R.Crim.P. 33 motion for new trial based on newly discovered evidence as time-barred because the motion was not filed within the three-year limitations period the rule prescribes. Rule 33’s limitations periods are jurisdictional. United States v. Bramlett, 116 F.3d 1403, 1405 (11th Cir.1997). The district court therefore lacked jurisdiction to consider appellant’s motion.

AFFIRMED.

Lombardi v. United States, 126 F. App'x 937 (11th Cir. 2005).

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Opinion

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