Free Order on Motion to Appoint Counsel - District Court of Colorado - Colorado

Case 1:00-cr-00481-WYD

Document 1690

Filed 10/02/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Case No. 00-cr-00481-WYD UNITED STATES OF AMERICA, Plaintiff, v. 5. ROBERT VERBICKAS, Defendant.

ORDER

THIS MATTER is before the Court on Defendant's pro se Request to Appoint Attorney (filed August 3, 2007). The motion seeks to have counsel appointed to represent Defendant in connection with a motion for new trial based on newly discovered evidence. Defendant's motion is denied for the reasons stated below. Federal Rule of Criminal Procedure 33(a) provides that, "Upon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires." As to newly discovered evidence, the Rule states in pertinent part, "Any motion for a new trial based on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty." FED. R. CRIM. P. 33(b)(1). In this case, the Verdict in this case was entered on June 24, 2003, more than three years ago. Thus, a motion for a new trial based on newly discovered evidence is not appropriate in this case, and the request to appoint counsel is moot as the case is terminated.

Case 1:00-cr-00481-WYD

Document 1690

Filed 10/02/2007

Page 2 of 2

Based on the foregoing, it is ORDERED that Defendant's Request to Appoint Attorney (filed August 3, 2007) is DENIED. Dated: October 2, 2007 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

-2-