United States Court of Appeals, Eleventh Circuit.
No. 94-4889.
UNITED STATES of America, Plaintiff-Appellant,
v.
Luz Marleney CALDERON, a/k/a "Eileen", Defendant-Appellee.
June 21, 1996.
Appeal from the United States District Court for the Southern
District of Florida. (No. 91-522- CR-UUB), Ursula Ungaro-Benages,
Judge.
Before HATCHETT and BARKETT, Circuit Judges, and OAKES*, Senior
Circuit Judge.
BARKETT, Circuit Judge:
Appellant the United States of America appeals the district
court's order granting Appellee Luz Marleney Calderon's motion for
a judgment of acquittal. The government argues that the district
court did not have jurisdiction to grant Calderon's motion for a
judgment of acquittal because it was filed several months after the
seven-day filing deadline imposed by Rule 29(c) of the Federal
Rules of Criminal Procedure.
The United States Supreme Court has just ruled adversely to
Calderon's position, holding that district courts do not have
jurisdiction to consider an untimely motion for a judgment of
acquittal. Carlisle v. United States, --- U.S. ----, 116 S.Ct.
1460, --- L.Ed.2d ---- (1996). Accordingly, we reverse the
district court's order granting Calderon's motion for a judgment of
acquittal, and remand for the entry of a judgment of conviction and
*
Honorable James L. Oakes, Senior U.S. Circuit Judge for the
Second Circuit, sitting by designation.
sentence.1
REVERSED and REMANDED.
1
Calderon alternatively argues in her brief that the
evidence presented at trial was insufficient to support her
conviction. This is an argument that is appropriately made on
appeal after judgment and sentence are entered on the criminal
docket.