United States v. Rosario Divins

388 F. App'x 417

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 28, 2010
• Docket: 09-50855
• Status: Unpublished

Opinion

PER CURIAM: *

Rosario Divins appeals her conviction and sentence for seven counts of criminal contempt and seven counts of mail fraud. Within ten days of the entry of judgment of conviction, Divins filed a motion for new trial based on newly discovered evidence in accordance with Fed.R.Crim.P. 33(b)(1). That motion has not yet been ruled upon, and therefore the judgment of conviction is not yet final for appeal purposes. See Fed. R.App. P. 4(b)(3)(A)(ii), (b)(3)(B)(i); United States v. Healy, 376 U.S. 75, 78-79, 84 S.Ct. 553, 11 L.Ed.2d 527 (1964); United States v. Greenwood, 974 F.2d 1449, 1466 (5th Cir.1992). Accordingly, we remand this matter to the district court for a ruling on Divins’s motion for new trial.

LIMITED REMAND.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under dle limited circumstances set forth in 5th Cir R. 47.5.4.