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United States of America v. Marty Lish

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO


October 19, 2011

UNITED STATES OF AMERICA PLAINTIFF,
v.
MARTY LISH DEFENDANT.

The opinion of the court was delivered by: Honorable B. Lynn Winmill Chief U. S. District Judge

ORDER

The Court has before it the motion of defendant for a new trial pursuant to Federal Rule of Criminal Procedure 33. He argues his counsel was ineffective. The proper procedure for challenging the effectiveness of counsel is by a collateral attack on the conviction under 28 U.S.C. § 2255, after a full record can be developed. See U.S. v. Ross, 2011 WL 2678832 (9th Cir. 2011)(unpublished)(affirming denial of motion for new trial based on ineffective assistance). Accordingly, NOW THEREFORE IT IS HEREBY ORDERED, that the motion for new trial (Dkt. 137) is DENIED.

20111019

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