Federal Rules Of Criminal Procedure Rule 37(A)(2)

23 Florida cases classified under this topic · sorted by citation count · browse and sort

• Smith v. United States
  273 F.2d 462· 10th Cir.· 1959-11-07 ·cited 120×
  The appellate court possesses statutory authority under 28 U.S.C. § 2106 to modify a sentence that is excessive, even if within statutory limits.
• Boruff v. United States
  310 F.2d 918· 5th Cir.· 1962-12-05 ·cited 63×
  The ten-day period for filing a criminal appeal does not commence if the defendant is unrepresented until advised of their right to appeal and counsel files the notice.
• Halfen v. United States
  324 F.2d 52· 10th Cir.· 1963-11-01 ·cited 56×
  The court held that the notice of appeal was timely filed and the evidence was sufficient to support the conviction for transporting a forged money order in interstate commerce.
• Wallace v. United States
  174 F.2d 112· 8th Cir.· 1949-04-19 ·cited 42×
  The court held that the inmate's motion to vacate his sentence was properly dismissed because the issues raised were either previously decided, not cognizable on collateral attack, or not supported by the record, and the appeal was timely.
• Williams v. United States
  188 F.2d 41· D.C. Cir.· 1951-02-23 ·cited 33×
  The court held that a pro se litigant's timely communication indicating intent to appeal, even if filed a day late due to delivery issues, should be treated as a timely filed notice of appeal.
• Mercado v. United States
  183 F.2d 486· 1st Cir.· 1950-07-13 ·cited 32×
  The appeal is timely because proceedings under 28 U.S.C.A. § 2255 are treated as civil for appeal purposes, and the court affirms the denial of the motion on the merits.
• United States v. Shelton
  249 F.2d 871· 7th Cir.· 1957-12-03 ·cited 30×
  The court held that a defendant who pleads guilty and is represented by counsel is not entitled to be advised of a right to appeal, and the sufficiency of the indictment cannot be questioned on a motion to vacate unless facially defective.
• Richards v. United States
  192 F.2d 602· D.C. Cir.· 1951-09-27 ·cited 29×
  A timely notice of appeal is filed within ten days of the clerk's entry of judgment, not the judge's signing. A presidential pardon does not preclude the use of a prior conviction to impeach a defendant's credibility when they testify.
• United States v. Bloom
  164 F.2d 556· 2d Cir.· 1947-12-02 ·cited 26×
  The court held that the appeal from the denial of the December 1945 motion was untimely and dismissed it, while affirming the denial of the later motions.
• Johnson v. United States
  405 F.2d 1072· D.C. Cir.· 1968-06-19 ·cited 18×
  An unrepresented defendant's untimely attempt to appeal cannot be dismissed without an opportunity to show excusable neglect, especially when a Rule 37(a)(2) extension would make it timely.
• LEE v. United States
  238 F.2d 341· 9th Cir.· 1956-10-24 ·cited 12×
  The court held that the appeal from the order regarding costs was invalid because the order had no effect and was not reviewable on the timely appeal from the judgment. The court also found no merit in the other specifications of error.
• Lewis v. United States
  294 F.2d 209· D.C. Cir.· 1961-02-23 ·cited 10×
  The right to counsel is not denied when trial counsel, in their professional judgment, believe no grounds for appeal exist and therefore do not file an appeal.
• Pratti v. United States
  350 F.2d 290· 9th Cir.· 1965-08-05 ·cited 5×
  The court held that a notice of appeal is timely if received by the clerk within the prescribed period, regardless of whether the filing fee was paid at that time. The court also held that the district court has jurisdiction to determine a motion for bail pending appeal.
• United States v. Statler
  343 F.2d 121· 2d Cir.· 1965-03-18 ·cited 4×
  The court held that the defendant's appeal was untimely filed and dismissed it.
• United States v. Dunbar
  212 F.2d 654· 2d Cir.· 1954-05-10 ·cited 4×
  The court held that the notice of appeal was timely filed, and affirmed the lower court's denial of the motion to vacate the conviction.
• Crow v. United States
  203 F.2d 670· 9th Cir.· 1953-04-13 ·cited 4×
  The court held that the appeal was untimely filed and therefore dismissed for lack of jurisdiction.
• Phelps v. United States
  373 F.2d 194· 10th Cir.· 1967-02-06 ·cited 2×
  The court held that the appeal was untimely and therefore dismissed for lack of jurisdiction, as the appellant failed to demonstrate any valid reason for the delay.
• Caylor v. The United States
  362 F.2d 689· 10th Cir.· 1966-06-28 ·cited 2×
  The court held that the district court should have conducted an evidentiary hearing on the timeliness of the notice of appeal, rather than summarily denying relief.
• Hyche v. United States
  278 F.2d 915· 5th Cir.· 1960-05-31 ·cited 2×
  The court held that the time for filing an appeal begins to run when sentences are imposed in open court, not upon the sending of notices of judgment.
• Chester Banks v. United States
  240 F.2d 302· 9th Cir.· 1957-01-18 ·cited 2×
  The court held that it lacked jurisdiction to hear the appeal because the notice of appeal was not timely filed.
• Robinson v. United States
  272 F.2d 554· D.C. Cir.· 1959-11-25 ·cited 1×
  The court held that it had jurisdiction to hear a criminal appeal filed after the time limit if the delay was due to excusable neglect, and that the conviction was free of prejudicial error.