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    United States v. Gore, 4th Cir. (2010)

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    This document summarizes a United States Court of Appeals case in which Johnny Lee Gore appealed the denial of his motion for a new trial. The court agreed that Gore's motion was untimely, as it was filed more than 3 years after he was found guilty by a jury on June 5, 2002. Motions for a new trial based on newly discovered evidence must be filed within 3 years under Rule 33(b)(1) of the Federal Rules of Criminal Procedure. As Gore did not file his motion until September 23, 2009, it was not filed in a timely manner. Therefore, the appeals court affirmed the district court's denial of relief.

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    United States v. Gore, 4th Cir. (2010)

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    This document summarizes a United States Court of Appeals case in which Johnny Lee Gore appealed the denial of his motion for a new trial. The court agreed that Gore's motion was untimely, as it was filed more than 3 years after he was found guilty by a jury on June 5, 2002. Motions for a new trial based on newly discovered evidence must be filed within 3 years under Rule 33(b)(1) of the Federal Rules of Criminal Procedure. As Gore did not file his motion until September 23, 2009, it was not filed in a timely manner. Therefore, the appeals court affirmed the district court's denial of relief.

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    Filed: 2010-05-27 Precedential Status: Non-Precedential Docket: 10-6173

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    This document summarizes a United States Court of Appeals case in which Johnny Lee Gore appealed the denial of his motion for a new trial. The court agreed that Gore's motion was untimely, as it was filed more than 3 years after he was found guilty by a jury on June 5, 2002. Motions for a new trial based on newly discovered evidence must be filed within 3 years under Rule 33(b)(1) of the Federal Rules of Criminal Procedure. As Gore did not file his motion until September 23, 2009, it was not filed in a timely manner. Therefore, the appeals court affirmed the district court's denial of relief.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    11 views2 pages

    United States v. Gore, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Johnny Lee Gore appealed the denial of his motion for a new trial. The court agreed that Gore's motion was untimely, as it was filed more than 3 years after he was found guilty by a jury on June 5, 2002. Motions for a new trial based on newly discovered evidence must be filed within 3 years under Rule 33(b)(1) of the Federal Rules of Criminal Procedure. As Gore did not file his motion until September 23, 2009, it was not filed in a timely manner. Therefore, the appeals court affirmed the district court's denial of relief.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6173

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    JOHNNY LEE GORE, a/k/a Manager,
    Defendant Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    C. Weston Houck, Senior District
    Judge. (4:01-cr-00627-CWH-9)

    Submitted:

    May 20, 2010

    Decided:

    May 27, 2010

    Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Johnny Lee Gore, Appellant Pro Se.


    Marvin Jennings Caughman,
    Assistant United States Attorney, Columbia, South Carolina, Rose
    Mary
    Sheppard
    Parham,
    Assistant
    United
    States
    Attorney,
    Florence, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Johnny

    Lee

    Gore

    appeals

    the

    district

    courts

    order

    denying his motion for a new trial filed under Rule 33 of the
    Federal

    Rules

    of

    Criminal

    Procedure,

    because

    the

    motion

    was

    untimely.

    We agree.

    Under Rule 33(b)(1), Gore had 3 years

    after

    verdict

    finding

    the

    or

    of

    guilty

    claiming he had newly discovered evidence.

    to

    file

    his

    motion

    See Fed. R. Crim. P.

    33(b)(1). The jury found Gore guilty on June 5, 2002.

    Because

    Gore did not file his Rule 33 motion until September 23, 2009,
    the motion was not timely.
    courts

    denial

    of

    relief.

    Accordingly, we affirm the district


    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

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