USA v. Rosario Divins


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USA v. Rosario Divins Doc. 0 Case: 09-50855 Document: 00511187849 Page: 1 Date Filed: 07/28/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-50855 S u m m a r y Calendar July 28, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. R O S A R I O DIVINS, D e fe n d a n t -A p p e lla n t A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 5:08-CR-889-1 B e fo r e JOLLY, GARZA, and STEWART, Circuit Judges. P E R CURIAM:* R o s a r io Divins appeals her conviction and sentence for seven counts of c r im in a l contempt and seven counts of mail fraud. Within ten days of the entry o f judgment of conviction, Divins filed a motion for new trial based on newly d is c o v e r e d evidence in accordance with FED. R. CRIM. P. 33(b)(1). That motion h a s not yet been ruled upon, and therefore the judgment of conviction is not yet fin a l for appeal purposes. See FED. R. APP. P. 4(b)(3)(A)(ii), (b)(3)(B)(i); United S ta te s v. Healy, 376 U.S. 75, 78-79 (1964); United States v. Greenwood, 974 F.2d Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 09-50855 Document: 00511187849 Page: 2 No. 09-50855 Date Filed: 07/28/2010 1449, 1466 (5th Cir. 1992). Accordingly, we remand this matter to the d is t r ic t court for a ruling on Divins's motion for new trial. LIMITED REMAND. 2

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