United States v. Domingo Reyes
Court of Appeals for the Second Circuit
1Opinion of the Court
JON O. NEWMAN, Chief Judge:
On this appeal from the denial of a motion for new trial in a criminal case on the ground of newly discovered evidence, we write primarily to clarify the pertinent date from which to measure the two-year period for filing such a motion. Defendant-appellant Domingo Reyes appeals from the June 27, .1994, order of the District Court for the Southern District of New York (Kevin Thomas Duffy, Judge) denying as untimely and without merit his motion for a new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure. We hold that the motion was timely because…
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