United States v. Steven Douglas Green

The defendant appeals the denial of his motion for new trial, Fed.R.Crim.P. 33, in regard to his conviction of conspiracy to possess a controlled substance with intent to distribute, 21 U.S.C. §§ 841 (a)(1), 846. We dismiss the appeal due to the defendant’s failure to timely file a notice of appeal under Fed.R.App.P. 4(b).

I

Defendant was convicted by a jury in the Southern District of California on March 8, 1991. The presiding judge for the defendant’s trial was the Honorable Jack E. Tanner, Senior United States District Judge for the Western District of Washington. After unsuccessfully appealing his conviction and his sentencing, the defendant filed a Motion for New Trial, pursuant to Fed.R.Crim.P. 33, on December 6, 1994. Judge Tanner signed the order denying the defendant’s Motion for a New Trial on April 14, 1994. The order was entered on the criminal docket on April 17, 1995.

Unfortunately, the parties were not mailed a copy of Judge Tanner’s order by the Clerk’s office. Counsel for the defendant was not aware of the April 17, 1995 order until she happened to come across the document during a review of her client’s file on June 26, 1995. Counsel immediately filed a motion…