United States Fifth Circuit

In reviewing a defendant-s motion for a new trial based on newly discovered evidence, the district court erred in finding that the three-year limitation period provided in Rule 33 of the Federal Rules of Criminal Procedure did not start to run until after an amended judgment, reflecting the dismissal of one count against the defendant, was filed.

Appellate Information

• Decided 01/25/2002
• Published 01/25/2002

Judges

• CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHOM, BARKSDALE and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• James Thomas Jacks (argued), Dallas, TX, for Plaintiff-Appellee., Brenda Taylor Rhoades (argued), Baker Botts, Dallas, TX, for Defendant-Appellant.