[DO NOT PUBLISH]


            IN THE UNITED STATES COURT OF APPEALS

                    FOR THE ELEVENTH CIRCUIT
                                                               FILED
                      ________________________ U.S. COURT OF APPEALS
                                                        ELEVENTH CIRCUIT
                                                           April 20, 2005
                             No. 04-12691
                                                         THOMAS K. KAHN
                         Non-Argument Calendar               CLERK
                       ________________________

                  D. C. Docket Nos. 02-00360-CV-4-RH
                         and 99-00071-CR-4-R

LAWRENCE LOMBARDI,



                                                          Petitioner-Appellant,

                                  versus

UNITED STATES OF AMERICA,

                                                        Respondent-Appellee.


                       ________________________

                Appeal from the United States District Court
                    for the Northern District of Florida
                      _________________________

                             (April 20, 2005)

Before TJOFLAT, ANDERSON and WILSON, Circuit Judges.

PER CURIAM:
      In this appeal, appellant challenges the district court’s decision rejecting his

Fed. R. Crim. P. 33 motion for new trial based on newly discovered evidence as

time-barred because the motion was not filed within the three-year limitations

period the rule prescribes. Rule 33's limitations periods are jurisdictional. United

States v. Bramlett, 

, 1405 (11th Cir. 1997). The district court

therefore lacked jurisdiction to consider appellant’s motion.

      AFFIRMED.




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