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U.S. v. CORREA

Nos. 02-15631, 03-14197.

362 F.3d 1306 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro CORREA, a.k.a. Alex Correa, a.k.a. Alex Alvarez, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 19, 2004.

Attorney(s) appearing for the Case

Sheryl Joyce Lowenthal (Court-Appointed), Miami, FL, Todd Gerald Scher, Office of Capital Collateral Representative, Miami, Beach, FL, for Defendant-Appellant.

Dawn Bowen, Randy Alan Hummel, U.S. Atty., Anne R. Schultz, Laura Thomas Rivero, Miami, FL, for Plaintiff-Appellee.

Before BLACK, BARKETT and MAGILL, Circuit Judges.

BLACK, Circuit Judge:

We are asked to consider whether Federal Rule of Criminal Procedure 33's time limits on filing, as amended in 1998, apply to Appellant's motions for new trial where he was convicted fewer than two months before the amended rule became effective. In this case, application of the amended rule is both (1) just and practicable, and (2) nonviolative of the Ex Post Facto Clause. We hold the amended rule does apply retroactively in this case. The Appellant...

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