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083842P.pdf   03/31/2010  United States  v.  James Boesen, Jr.
   U.S. Court of Appeals Case No:  08-3842
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Benton, Author, with Murphy and Smith, Circuit Judges]
   Criminal case - criminal law. District court's grant of defendant's Rule
   29 motion did not toll the time for filing his Rule 33 motion, and the
   district court did not err in denying the Rule 33 motion as untimely;
   defendant failed to establish excusable neglect for the untimely filing;
   claim that counsel was ineffective should be brought in Section 2255
   petition.