(DOWNLOAD) "United States v. Pointer" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Pointer
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 26, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Order The defendant appeals his conviction and sentence for conspiracy to possess with intent to distribute and to distribute cocaine and other related charges. For purposes of 28 U.S.C. § 1291, final judgment was entered on January 29, 1992, when the conviction order and sentence was entered on the district court docket sheet. The defendant filed his pro se notice of appeal on February 14, 1992. In a criminal case, the notice of appeal by a defendant shall be filed in the district court within ten (10) days of the entry of judgment. Rule 4(b), Fed. R. App. P. In this case, the last day of the ten day period was a Saturday and, pursuant to Rule 26, Fed. R. App. P., the defendant had until Monday, February 10, 1992, in which to file his notice of appeal. The notice of appeal filed on February 14 was not within that time period. Timely filing of a notice of appeal is a mandatory and jurisdictional prerequisite which this court can neither waive nor extend. Browder v. Director, Department of Corrections of Illinois, 434 U.S. 257, 264 (1978). United States v. Hatfield, 815 F.2d 1068, 1073 (6th Cir. 1987).
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