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U.S. v. WOODS

No. 03-10313.

399 F.3d 1144 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Keith WOODS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2005.

Attorney(s) appearing for the Case

Karyn Kerry (argued), Assistant United States Attorney, Thomas S. Dougherty (briefed), Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellant.

Chad Bowers (argued), Norman J. Reed (briefed), Las Vegas, NV, for defendant-appellant.

Before PREGERSON and KOZINSKI, Circuit Judges, and RHOADES, SR., District Judge.

PREGERSON, Circuit Judge.

Defendant-Appellant Brian Keith Woods appeals the district court's denial of his motion for a new trial based on newly discovered evidence as untimely under an amended version of Fed.R.Crim.P. 33. Woods contends that: (1) retroactively applying the filing requirements of the amended Rule 33 violates the Ex Post Facto Clause; and (2) the district court erred by applying amended Rule 33, instead of the version of the Rule that was in...

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