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United States v. Bowline, 917 F.3d 1227 (March 11, 2019)

Mar 11, 2019

In this criminal appeal, the Tenth Circuit joined a majority of circuits and held that prior precedent establishing appellate courts cannot review an untimely motion to dismiss under Fed. R. Crim. P. 12 absent a showing of good cause remains good law despite the 2014 amendments to that rule.  The criminal defendant filed his motion to dismiss for vindictive prosecution days before trial was set to start.  On appeal, he acknowledged that he could not establish good cause for the untimeliness, but argued that the court could nevertheless review the district court’s denial under a plain error standard.