[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
April 20, 2005
No. 04-12691
THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket Nos. 02-00360-CV-4-RH
and 99-00071-CR-4-R
LAWRENCE LOMBARDI,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(April 20, 2005)
Before TJOFLAT, ANDERSON and WILSON, Circuit Judges.
PER CURIAM:
In this appeal, appellant challenges the district court’s decision rejecting his
Fed. R. Crim. P. 33 motion for new trial based on newly discovered evidence as
time-barred because the motion was not filed within the three-year limitations
period the rule prescribes. Rule 33's limitations periods are jurisdictional. United
States v. Bramlett, 116 F. 3d 1403, 1405 (11th Cir. 1997). The district court
therefore lacked jurisdiction to consider appellant’s motion.
AFFIRMED.
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