U.S. v. OSORIO-PENA

No. 00-1449.

247 F.3d 14 (2001)

UNITED STATES of America, Plaintiff, Appellee, v. Edwin OSORIO-PEÑA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 26, 2001.


Attorney(s) appearing for the Case

Neil M. Nameroff for appellant.

Michelle Morales, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, and Jorge E. Vega-Pacheco, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, Chief Judge, LYNCH and LIPEZ, Circuit Judges.


LIPEZ, Circuit Judge.

The district court denied the defendant's motion for a new trial on the ground that his claim of ineffective assistance of counsel did not meet the standard for "newly discovered evidence" under Federal Rule of Criminal Procedure 33. The defendant appeals that ruling. In the alternative, he asks us to decide his ineffective assistance claim on direct appeal, contending that the record is sufficiently developed for us to do so. We affirm the denial...

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