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U.S. v. LUSSIER

Docket No. 98-1392

219 F.3d 217 (2000)

UNITED STATES of America, Appellee, v. Roger R. LUSSIER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 10, 2000.

Attorney(s) appearing for the Case

Cheryl J. Sturm, Westtown, PA, for Defendant-Appellant.

Paul J. Van De Graaf, Assistant United States Attorney, David V. Kirby, Acting United States Attorney, District of Vermont, Burlington, VT, for Appellee.

Before: KEARSE, WALKER, and CALABRESI, Circuit Judges.

JOHN M. WALKER, Jr., Circuit Judge:

Appellant Roger R. Lussier appeals from a judgment of the district court for the District of Vermont (J. Garvan Murtha, Chief Judge) that denied his motion for a new trial based on newly discovered evidence pursuant to Fed.R.Crim.P. 33. Because we find that the motion was not timely filed, we vacate the judgment of the district court and remand the case with instructions that the motion be dismissed.

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