United States v. Leonard Ray Blanton, Clyde Edward Hood, Jr. And James M. Allen

Defendants appeal the district court’s order denying their request that it certify that it is inclined to grant their motion for a new trial based on newly discovered evidence. We conclude that the district court’s order denying certification of an inclination to grant that motion for a new trial is an unappealable order.

Defendants moved for a new trial on the basis of newly discovered evidence pursuant to Fed.R.Crim.P. 33. The notices of appeal from the judgments of conviction had already been filed, so the district court did not have power to grant the motion absent a remand. Fed.R.Crim.P.…