U.S. v. BERRY

No. 08-35002.

624 F.3d 1031 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Sherman BERRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 2010.


Attorney(s) appearing for the Case

Thomas O. Rice , Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Dan B. Johnson , Spokane, WA, for the defendant-appellant.

Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.


OPINION

TASHIMA, Circuit Judge:

In 2007, almost ten years after he was convicted of two bank robberies, three bombings, and a number of related charges, Robert Berry filed a motion to vacate his conviction under 28 U.S.C. § 2255. Although purportedly brought under § 2255, Berry's motion largely sought the substantive relief of a motion for a new trial under Federal Rule of Criminal Procedure 33. Because Berry—who proceeded before the district...

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