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United States v. Charles R. Collins

UNITED STATES of America, Plaintiff-Appellee, v. Charles R. COLLINS, Defendant-Appellant

United States v. Collins, 898 F.2d 103 (9th Cir. 1990)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 7, 1990
Docket
No. 87-3130
Judges
Browning, Kozinski, Per Curiam, Rymer
Citations
898 F.2d 1031990 WL 199621990 U.S. App. LEXIS 3137

Opinion — Per Curiam

*104 PER CURIAM:

Appellant Collins was charged with second degree murder and initially pled not guilty. He later changed his plea to guilty and was sentenced to life in prison without parole. The sentence was ultimately affirmed on appeal.

Collins now appeals the denial of his motion under Federal Rule of Criminal Procedure 33 for a new trial based upon newly discovered evidence. He claims the government failed to provide him with exculpatory statements from witnesses and a psychological report. Without this information, Collins asserts, he was unable to evaluate properly the strength of the government’s case before pleading guilty.

Rule 33 states, “[t]he court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice.” By its terms, Rule 33 applies only to cases in which a trial has occurred. When the defendant has pled guilty, as here, no trial has occurred and the Rule 33 remedy is unavailable. In sum, “the validity of a guilty plea cannot be questioned by way of a motion for new trial.”

United States v. Lambert, 603 F.2d 808, 809 (10th Cir.1979) (citation omitted);

see Williams v. United States, 290 F.2d 217, 218 (5th Cir.1961) (per curiam).

Collins’ remedy, if any, is a motion under 28 U.S.C. § 2255 .

AFFIRMED.

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Cited by 15 cases

View all citing references →
1990: 11995: 31996: 21999: 22000: 12003: 12007: 12011: 22015: 12019: 119902026peak 1995 · 3

Relies on it most ⓘ

  1. United States v. Dyess293 F. Supp. 2d 675 (S.D.W. Va 2003)
  2. United States v. Quentin Miller197 F.3d 644 (3d Cir. 1999)
  3. United States v. Graciani61 F.3d 70 (1st Cir. 1995)
  4. Moore v. State2007 ND 96, 734 N.W.2d 336
  5. State v. Alexander463 N.W.2d 421 (Iowa 1990)
  6. United States v. Baker824 F. Supp. 2d 918 (D.N.D. 2011)

Most recent

  1. United States v. German Suarez-ArzonNo. 19-2032 (3d Cir. Dec. 20, 2019)
  2. United States v. Justin Strom611 F. App'x 148 (4th Cir. 2015)
  3. United States v. Baker824 F. Supp. 2d 918 (D.N.D. 2011)
  4. United States v. OladokunNo. Criminal No. 2010-0267 (D.D.C. May 19, 2011)
  5. Moore v. State2007 ND 96, 734 N.W.2d 336
  6. United States v. Dyess293 F. Supp. 2d 675 (S.D.W. Va 2003)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Williams v. United States, 290 F.2d 217 (5th Cir. 1961) 23
United States v. Lambert, 603 F.2d 808 (10th Cir. 1979) 17

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