Eberhart v. U.S., No. 04-9949 (U.S. Supreme Court) (546 U.S. 12; 126 S.Ct. 403) (October 31, 2005) (Per Curiam)
In this case, the Supreme Court expanded on its holding in Kontrick v. Ryan, 540 U.S. 443 (2004) by ruling that Fed. R. Crim. P. 33(a), which includes time limitations for filing new-trial motions, is a claim-processing rule. Here, the Government raised for the first time on appeal an objection ...
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