United States v. Oladokun

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA )

UNITED STATES OF AMERICA, )

)

v. ) Criminal No. 10-267 (ESH)

)

OLADAYO OLADOKUN, )

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Defendant. )

)

MEMORANDUM OPINION AND ORDER

On February 3, 2011, defendant pled guilty to aggravated identity theft, 18 U.S.C. § 1028A, and was sentenced to the two-year mandatory term of imprisonment required by statute on April 1, 2011. Before the Court is defendant’s motion for a new trial pursuant to Fed. R. Crim. P. 33, which the Court will deny.

“By its express terms, Rule 33 is confined to those situations in which a trial has been had,” and does not make a new trial available to one who pleads guilty. United States v. Graciani, 61 F.3d 70, 78 (1st Cir. 1995) (citing United States v. Collins, 898 F.2d 103, 104 (9th Cir. 1989)); Moore’s Federal Practice—Criminal Procedure § 633.02. “A defendant who enters a guilty plea cannot thereafter use Rule 33 as a wedge to undo his acknowledgment that he committed the offense.” United States v. Dyess, 293 F. Supp. 2d 675, 683 (S.D. W.Va. 2003) (quoting Graciani, 61 F.3d at 78)). 1

Defendant’s Motion for a New Trial pursuant to Rule 33 [Dkt. No. 42] is therefore DENIED.

SO ORDERED.

/s/ ELLEN SEGAL HUVELLE United States District Judge

Date: May 19, 2011