Steele's new lawyer Hoyt filed a 50 page motion for a new trial which was denied on 8 November, 2011. One of the points was that Steele had suffered from Ineffective Assistance of Counsel due to McAllister being disbarred and in bankruptcy. The judge denied this and claimed that matter should be raised in the appeal and gave a case citation. The following rule seems to show that the judge was in error. This is the first time that I have seen the judge make what appears to me to be a clearly prejudicial ruling against Steele. If it stands, this assures that Steele will rot in Federal Prison for two years until his appeal is considered. The appeal was not pending at the time that the motion for a new trial was denied.
RULE 33. NEW TRIAL
(a) Defendant's Motion. Upon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires. If the case was tried without a jury, the court may take additional testimony and enter a new judgment.
(b) Time to File.
(1) Newly Discovered Evidence. Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case.
(2) Other Grounds. Any motion for a new trial grounded on any reason other than newly discovered evidence must be filed within 14 days after the verdict or finding of guilty.