Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

WALTER X. WASHINGTON, JR., APPELLANT, v. UNITED STATES OF AMERICA.

OPINION OF THE COURT

PER CURIAM:

Appellant was convicted of bank robbery and assaulting or putting in jeopardy by use of a dangerous weapon in connection with bank robbery in violation of 18 U.S.C. § 2113(a) and (d). He seeks review of the district court's denial of his motion, pursuant to 28 U.S.C. § 2255, that his guilty plea was accepted in violation of Rule 11, F.R.Cr.P.

Rule 4(a), F.R.A.P., provides that notice of appeal of civil actions must be filed within thirty days of the entry of the judgment or order appealed from, or, if the United States is a party, within sixty days of such entry. A motion under § 2255, like a petition for a writ of habeas corpus, is an independent civil suit. Heflin v. United States, 358 U.S. 415, 418, n. 7, 79 S.Ct. 451, 3 L.Ed. 2d 407 (1959). The district court's order denying appellant's motion was entered on April 2, 1970. Because notice of appeal was not filed until September 2, 1970, this court is without jurisdiction to hear this appeal. F.R.A.P. 4(a).

The appeal will be dismissed.

Use AI to get other relevant cases.

Comments

WASHINGTON v. UNITED STATES
(Nov 8, 1971)