U.S. v. TORRES

No. 96-3044.

115 F.3d 1033 (1997)

UNITED STATES of America, Appellee, v. Angel TORRES, a/k/a Victor Sanchez, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1997.


Attorney(s) appearing for the Case

Santha Sonenberg, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender.

Mary-Patrice Brown, Assistant U.S. Attorney, argued the cause for appellee. With her on the briefs were Eric H. Holder, Jr., U.S. Attorney, John R. Fisher, Robert A. Spelke, and Nancy R. Page, Assistant U.S. Attorneys.

Before: WALD, HENDERSON and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

A jury convicted appellant of possession with intent to distribute cocaine and cocaine base. Claiming ineffective assistance of counsel in violation of the Sixth Amendment, appellant filed a Rule 33 motion for new trial that the district court dismissed as untimely. Because we conclude that the facts alleged in support of appellant's Sixth Amendment claim were not "newly discovered"...

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