Young v. United States of America

Filing 72

MEMORANDUM AND OPINION AND ORDER: Denying Motion pursuant to Rule 51 by Movant filed in criminal action 2:08-00226. Signed by Judge John T. Copenhaver, Jr. on 5/13/2011. (cc: attys; movant; Magistrate Judge) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JOSEPH PAUL YOUNG,
Movant
v.

CIVIL ACTION NO. 2:09-1554
(Criminal No. 2:08-00226)

UNITED STATES OF AMERICA,
Respondent
MEMORANDUM OPINION AND ORDER
Pending is movant’s “motion pursuant to Rule 51,
Preserving Claimed Error” (“Rule 51 motion”) filed May 12, 2011.
On December 27, 2010, the court entered its Judgment
denying movant’s motion pursuant to 28 U.S.C. § 2255.
failed to notice an appeal from the Judgment.

Movant

In his Rule 51

motion, movant requests the court to consider as preserved an
alleged error during his criminal case relating to false
statements made in a report by an agent of the Federal Bureau of
Investigation.

Movant asserts that he may use the alleged false

statements as evidence to support a motion at some future time
pursuant to Rule 33(b)(1) governing the grant of a new trial
based upon newly discovered evidence.

Pursuant to that Rule,

movant has three years “after the . . . finding of guilty” in
order to move for relief.

Fed. R. Crim. Proc. 33(b)(1).

Rule 51 does not govern here.

If movant wishes to

pursue a new trial, he is obliged to satisfy the substantive and
procedural requirements of Rule 33.

The court, accordingly,

ORDERS that the Rule 51 motion be, and it hereby is, denied.
The Clerk is directed to forward copies of this written
opinion and order to the movant, all counsel of record, and the
United States Magistrate Judge.
DATED: May 13, 2011

John T. Copenhaver, Jr.
United States District Judge

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