Legal Opinion

United States v. Paul Masuru Ono

Court of Appeals for the Ninth Circuit

Decided November 22, 1995No. 95-50099PublishedCited by 51 opinions

1Opinion of the Court

ORDER

Federal prisoner Paul Masuru Ono appeals pro se the district court’s denial of his motion under 18 U.S.C. § 3582(c)(2) to modify his term of imprisonment. The government contends that we lack jurisdiction over this appeal because the notice of appeal was filed more than ten days after the order was entered by the district court. See Fed. RApp.P. 4(b).

In order to determine if an appeal is a “criminal case” under Fed.R.App.P. 4(b), we consider the nature of the proceedings and of the order appealed from. If a proceeding is “ ‘a step in the criminal case,’ ” then Rule 4(b) applies, unless…

2Cases cited7 opinions

  1. United States v. MorganSupreme Court of the United States · 1954
  2. United States v. Viken YacoubianCourt of Appeals for the Ninth Circuit · 1994
  3. Minoru Yasui v. United StatesCourt of Appeals for the Ninth Circuit · 1985
  4. United States v. John D. StolarzCourt of Appeals for the Ninth Circuit · 1976
  5. United States v. Nilo Medina CuetoCourt of Appeals for the Ninth Circuit · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. United States v. Aaron HicksCourt of Appeals for the Ninth Circuit · 2007
  2. United States v. AlvarezCourt of Appeals for the Fifth Circuit · 2000
  3. In Re Special Grand Jury 89-2Court of Appeals for the Tenth Circuit · 2006
  4. United States v. Harvey Keith FairCourt of Appeals for the Eleventh Circuit · 2003
  5. United States v. TorresCourt of Appeals for the Tenth Circuit · 1996

46 more not listed; retrieve them via the Exa API.

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