United States v. Alejandro Cruz-Padilla, Also Known as Roberto Barriga Tinoco

McMILLIAN, Circuit Judge.

A jury convicted Alejandro Cruz-Padilla of three counts of possession with intent to distribute and conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(l)(A)(viii), and 846. Following the verdict, the district court 2 entered an order granting a new trial on the basis of improper prosecutorial statements made during closing arguments. The government appeals, arguing that the district court lacked jurisdiction to grant a new trial, because Cruz-Padilla’s motion was untimely filed pursuant to Fed. R.Crim.P. 33. Alternatively, the…