United States of America v. Johnny Lee Gore, a/k/a Manager

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Johnny Lee Gore appeals the district court’s 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 the verdict or finding of guilty” to file his motion
claiming he had newly discovered evidence. 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. 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

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