United States Second Circuit

Petition for panel rehearing on the issue of whether defendant's motion for a new trial was timely is denied where the motion is still pending before the district court and thus the district court is in the best position to decide whether defendant's pro se motion for a new trial was timely under Rules 33 and 45(b) of the FRCP.

Appellate Information

• Decided 03/09/2009
• Published 03/09/2009

Judges

• Before FEINBERG, CABRANES, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• William J. Harrington, Assistant United States Attorney (Lev L. Dassin, Acting United States Attorney for the Southern District of New York, and Andrew L. Fish, Assistant United States Attorney, on the brief), Office of the United States Attorney for the Southern District of New York, New York, NY, for appellee., Michael W. Martin (James A. Cohen, on the brief) Lincoln Square Legal Services, Inc., New York, NY, for Defendant-Appellant.