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U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel)

Can a defendant file a Rule 33 motion on the basis of a claim of ineffective assistance of counsel? Generally not. In this case, the D.C. Circuit joins nine other Circuits in holding that "an ineffective assistance of counsel claim may not serve as the basis for a new trial ...

 

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