Legal Opinion

United States v. Heal

Court of Appeals for the Ninth Circuit

Decided December 13, 2004No. 04-30195Published

1Opinion of the Court

MEMORANDUM **

Defendant William T. Heal appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). We affirm.

Heal’s motion for a new trial was filed late, and was, therefore, time-barred. The district court clearly found that the deadline for filing the motion for a new trial was seven days after the guilty verdict, and that Heal filed his motion three months after such date. Hence, Heal’s motion for a new trial was late. Fed. R.Crim.P. 33(b)(2); Fed.R.Crim.P. 45(b)(2) (saying that the court may not extend the deadline set forth in Rule 33). Heal…

2Cases cited1 opinion

  1. Williams v. LeachCourt of Appeals for the Seventh Circuit · 1991

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