Beruflich Dokumente
Kultur Dokumente
No. 15-6932
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.
Graham C. Mullen,
Senior District Judge. (1:09-cr-00017-GCM-DLH-1)
Submitted:
Decided:
December 2, 2015
PER CURIAM:
Albert Charles Burgess, Jr., seeks to appeal the district
courts order denying his motion to reconsider its order denying
his Fed. R. Crim. P. 33 motion for a new trial.
In criminal
after
the
entry
of
judgment.
court
entered
Fed.
R.
App.
P.
4(b)(1)(A)(i).
The
district
its
order
denying
Burgess
Burgess did not file his motion to reconsider until May 28,
2015. *
[T]he
specifically
Federal
Rules
provide
for
of
Criminal
motions
for
Procedure
do
not
reconsideration
and
Co.
v.
Marsh,
755
F.2d
362,
364
(4th
1985).
However, the Supreme Court has held that a motion for rehearing
or
reconsideration
extends
the
time
for
filing
notice
of
sought
to
be
reconsidered
becomes
final.
See
United
would-be
appellants
who
file
timely
motion
for
period
for
reconsideration
noticing
has
been
the
appeal
decided);
after
United
the
States
motion
v.
for
Dieter,
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED