United States Ninth Circuit

Defendant's conviction for robbery is reversed where the district court failed to determine whether retroactive application of amended Fed. R. Crim. P. 33 to defendant's motion for a new trial was "just and practicable."

Appellate Information

• Argued 08/12/2004
• Decided 03/04/2005
• Published 03/04/2005

Judges

• PREGERSON, Circuit Judge., Before PREGERSON and KOZINSKI, Circuit Judges, and RHOADES, SR., District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karyn Kerry (argued), Assistant United States Attorney, Thomas S. Dougherty (briefed), Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellant.


• For Appellees:
  
• Chad Bowers (argued), Norman J. Reed (briefed), Las Vegas, NV, for defendant-appellant.