United States v. Howard Eugene Awalt
Court of Appeals for the Fifth Circuit
ON PETITION FOR REHEARING
1Per curiam
Howard Eugene Await appeals from the denial of his Rule 35 motion to reduce and correct his sentence. A threshold issue which is presented is whether his appeal was filed in time. As recorded in the docket entry, the district court denied Awalt’s motion on February 12, 1982. Pursuant to Rule 4(b), Await had ten days from that date within which to file his notice of appeal. Await filed his notice of appeal on April 9, 1982.
In a previous unpublished opinion dated May 26, 1983, 707 F.2d 514, we held that Awalt’s appeal from the denial of his Rule 35 motion must be dismissed because it was…
2Cases cited6 opinions
- Wilson v. Atwood GroupCourt of Appeals for the Fifth Circuit · 1984
- Gary Stewart Buckley v. United StatesCourt of Appeals for the Tenth Circuit · 1967
- United States v. John SchuchardtCourt of Appeals for the Fourth Circuit · 1982
- Vernell Nelson v. Charles C. Foti, Jr., Sheriff, and Attorney General, State of Louisiana, William J. Guste, Jr.Court of Appeals for the Fifth Circuit · 1983
- United States v. Jose Luis Herrera Guiterrez and Jose Herrera NietoCourt of Appeals for the Fifth Circuit · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. CantwellCourt of Appeals for the Fifth Circuit · 2006
- James A. Latham, Marian E. Latham, Movant-Appellant v. Wells Fargo Bank, N.A.Court of Appeals for the Fifth Circuit · 1993
- United States v. Newton Alfred WinnCourt of Appeals for the Fifth Circuit · 1991
- United States v. Eluterio Mauro Leijano-Cruz, Also Known as Joel Lujano-CruzCourt of Appeals for the Fifth Circuit · 2006
- United States v. Robert Henry GoldingCourt of Appeals for the Fifth Circuit · 1984
19 more not listed; retrieve them via the Exa API.