Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Grant of Defendant's Belated Rule 33 Motion for New Trial Reversed

Article Placeholder Image
By FindLaw Staff on May 18, 2010 4:14 PM

In US v. Munoz, No. 09-5357, the Sixth Circuit faced a challenge to the district court's grant of defendant's untimely Rule 33 motion for a new trial, filed six months following his conviction for drug related offenses, but before sentencing after obtaining a new counsel. 

In reversing the district court's judgment granting a new trial the court held that, although the district court did not abuse its discretion in determining that defendant's untimely filing of his Rule 33 motion was the result of excusable neglect, defendant's former trial counsel's assistance more than met the minimum standard required by the Sixth Amendment.   

Related Resource:

Find a Lawyer

More Options