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
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
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