Matta-Ballesteros

MEMORANDUM **

*763 Juan Ramon Matta-Ballesteros appeals pro se the denial of his motion for reconsideration of his new-trial motion, pursuant to Fed.R.Crim.P. 33, following a conviction for his role in the kidnaping and murder of DEA Special Agent Enrique Camarena. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

Matta-Ballesteros contends the district court erred by denying as time barred his motion for reconsideration of his new-trial motion. We review de novo the district court’s determination whether a new-trial motion under Fed.R.Crim.P. 33 was untimely. See United States v. Cook, 705 F.2d 350, 351 (9th Cir.1983). Rule 33’s time limitations are jurisdictional. See id.

A motion for reconsideration is timely if filed within the period to seek appellate review. See United States v. Jones, 608 F.2d 386, 390 (9th Cir.1979). The time to file a notice of appeal in a criminal case is 10 days. See Fed. R.App. P. 4(b)(l)(A)(I). The district court denied Matta-Balleste-ros’ new-trial motion on January 15, 1999. Matta-Ballesteros’ April 26, 2000 motion for reconsideration therefore was untimely-

Moreover, even if the April 26, 2000 motion was a second Rule 33 motion,…