United States Ninth Circuit

In a robbery and bombing prosecution, the denial of petitioner's habeas petition is affirmed where: 1) Jackson allowed a district court to treat a 28 U.S.C. section 2255 motion as a motion for a new trial under Rule 33; and 2) when the prisoner's section 2255 motion fell outside this time period, the district court could still treat it as a Rule 33 motion if the government waived any objection to Rule 33 timeliness.

Appellate Information

• Decided 10/22/2010
• Published 10/25/2010

Judges

• A. Wallace Tashima

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas O. Rice, Dan B. Johnson