Lombardi v. United States

U.S. Court of Appeals for the Eleventh Circuit
Lombardi v. United States, 126 F. App'x 937 (11th Cir. 2005)

Lombardi v. United States

Opinion of the Court

PER CURIAM.

In this appeal, appellant challenges the district court’s decision rejecting his Fed. R.Crim.P. 33 motion for new trial based on newly discovered evidence as time-barred because the motion was not filed within the three-year limitations period the rule prescribes. Rule 33’s limitations periods are jurisdictional. United States v. Bramlett, 116 F.3d 1403, 1405 (11th Cir. 1997). The district court therefore lacked jurisdiction to consider appellant’s motion.

AFFIRMED.

Reference

Full Case Name
Lawrence LOMBARDI v. United States
Status
Published