Russell v. United States - Motion for New Trial Denied

4th Circuit Daily Opinions

Filed April 7th, 2026

Detected April 8th, 2026

Summary

The Fourth Circuit affirmed the district court's denial of Russell's Fed. R. Crim. P. 33 motion for a new trial in a 1991 criminal case. The appeals court found no reversible error and denied Russell's motion for bail pending appeal. This unpublished per curiam opinion is not binding precedent in the circuit.

View original document View source feed page

What changed

The Fourth Circuit affirmed the district court's denial of Russell's motion for a new trial under Federal Rule of Criminal Procedure 33, finding no reversible error in the lower court's ruling. The court also denied Russell's motion for release pending appeal as moot. The case arose from a 1991 criminal prosecution in the Eastern District of Virginia.

This ruling is binding on the parties but has limited precedential value as an unpublished per curiam opinion. Criminal defendants considering similar post-trial motions should note that the appellate standard requires demonstrating reversible error. Pro se litigants are held to the same legal standards as those with counsel.

What to do next

Monitor for updates

Source document (simplified)

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6484

UNITED STATES OF AMERICA, Plaintiff - Appellee,

ROBERT PETER RUSSELL, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:91-cr-00056-LMB-1) Submitted: February 26, 2026 Decided: April 7, 2026 Before KING and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Robert Peter Russell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Robert Peter Russell appeals the district court's order denying his Fed. R. Crim. P. 33 motion for a new trial. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order. United States v. Russell, No. 1:91-cr- 00056-LMB-1 (E.D. Va. filed May 27, 2025, & entered May 28, 2025). We deny as moot Russell's motion for bail or release pending appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.