All motions under Rule 60(b) OTHER THAN those based on Rule 60(b)(4) must be made within a reasonable time.
There can be no doubt that this is a frivolous appeal and we would not hesitate to order sanctions if appellant had been represented by counsel.
Neither the show-cause nor the sanctions order squarely placed the blame for these delays on the attorneys nor to a finding of bad faith.
Judge Darrin P. Gayles claims during a court hearing the original prosecutors "deliberately misled this court." He orders a new AUSA team.
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