United States v. Mark Edwin Cook

Cook challenges the district court’s denial of his motion for a new trial based on the ground of newly discovered evidence. Because Cook’s motion was untimely, we affirm.

Cook was indicted for, and subsequently convicted of, aiding the robbery of a national bank, using a firearm to commit a felony, and conspiring to commit the robbery. We affirmed the conviction in an opinion issued on June 29,1979, United States v. Cook, 608 F.2d 1175 (9th Cir.1979), cert. denied, 444 U.S. 1034 , 100 S.Ct. 706 , 62 L.Ed.2d 670 (1980), and after we denied Cook’s petition for rehearing, issued our mandate of affirmance on October 11, 1979. Cook thereafter sought review in the Supreme Court, which denied certiorari on January 14, 1980.

On December 14, 1981, Cook filed a motion for a new trial based on what he characterizes as newly discovered evidence. The district court held that the motion was untimely and denied it on February 10, 1982. The court also held that the motion would have been denied on its merits even if it had been timely. In response, on Feb ruary 24, Cook filed a motion for reconsideration and, alternatively, a notice of appeal. Although this notice of appeal was filed late, the…