Richard J. Dillane v. United States

Although the procedural situation is somewhat confused because of the multiple and alternative nature of appellant’s motions in the District Court, what we consider to be before us is essentially an appeal from that court’s action in denying leave to appeal in forma pauperis because the petition was filed after the time had expired in which a notice of appeal from a criminal conviction may be filed. Rule 37(a) (2), Fed. R.Crim.P. There being no issue of fact as to the failure to file an appeal within the prescribed time, the District Court’s action was correct under United States v. Robinson,…