UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7110
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PRESTON GATTIS, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:02-cr-01156-DCN-1)
Submitted: August 26, 2009 Decided: September 3, 2009
Before TRAXLER, Chief Judge, and GREGORY and SHEDD, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
Preston Gattis, Jr., Appellant Pro Se. Robert Nicholas Bianchi,
OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Preston Gattis, Jr., appeals the district court’s
order denying his motion for new trial under Fed. R. Crim.
P. 33, based upon newly discovered evidence. The district court
concluded that the motion was untimely. We agree. Under
Rule 33, Gattis had “3 years after the verdict or finding of
guilty” to file his motion. Fed. R. Crim. P. 33(b)(1). The
jury found Gattis guilty on October 16, 2003. Because Gattis
did not file his Rule 33 motion until October 9, 2008, at the
earliest, we conclude that he did not timely file the motion.
Accordingly, we affirm the district court’s denial of relief.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
2
United States v. Gattis
Combined Opinion