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U.S. v. PAULINO

United States District Court, S.D. New York


April 12, 2004.

UNITED STATES OF AMERICA -v- CHRISTIAN PAULINO, Defendant

The opinion of the court was delivered by: DENISE COTE, District Judge

MEMORANDUM OPINION AND ORDER
Through a letter-brief dated March 10, 2004, defendant Christian Paulino ("Paulino") moves "to renew" his motion for a new trial pursuant to Rule 33, Fed.R. Crim. P., in light of the March 8, 2004 decision in Crawford v. Washington, 124 S.Ct. 1354 (2004), addressing a Sixth Amendment bar to certain statements by an unavailable witness. Paulino was convicted on October 23, 2003 following a jury trial. His timely Rule 33 motion was denied on January 30, 2004. United States v. Paulino, 299 F. Supp.2d 332 (S.D.N.Y. 2004). The Government objects to this renewed motion on the ground that it is untimely. Paulino responds that an intervening change in the controlling law allows a court to "reconsider" a prior Rule 33 decision. Pauline's Rule 33 motion was based on four grounds. Paulino, 299 F. Supp.2d at 343. Paulino's renewed motion raises a new issue: a Sixth Amendment challenge to two "statements" by the defendant's father that Paulino asserts were admitted at trial. Since the admission of these two statements was not among the four grounds on which the Rule 33 motion was based, it is not appropriate to characterize the March 10 motion as either a motion for reconsideration or a renewed Rule 33 motion.

  Rule 33 requires any such motion to be made within seven days of, or within the period set by the Court within seven days after, the verdict. Rule 33, Fed.R.Crim.P. Accordingly, it is hereby

  ORDERED that the defendant's March 10, 2004 Rule 33 motion is denied as untimely.

  SO ORDERED.

20040412

© 1992-2004 VersusLaw Inc.



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