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U.S. v. GLENN

No. 04-1395.

389 F.3d 283 (2004)

UNITED STATES of America, Appellee, v. Charles GLENN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 24, 2004.

Attorney(s) appearing for the Case

Paul J. Haley for appellant.

Mark E. Howard, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, was on brief, for appellee.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

Charles Glenn was found guilty on September 9, 2003, of one count of distribution of Xanax and one count of distribution of cocaine base ("crack cocaine") in violation of 21 U.S.C. § 841(a)(1). He appeals from the denial, on untimeliness grounds, of his motion for new trial and argues, in this direct appeal, that if the new trial motion was too late, then his counsel was ineffective for this and other reasons and so both the denial of the...

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