Joel Rubin v. United States

Appellant Rubin’s § 2255 motion to vacate sentence was denied by the dis trict court. Since a notice of appeal was not filed within the time prescribed bylaw we must dismiss for lack of jurisdiction. 1

On October 19, 1972, appellant filed his § 2255 motion alleging juror prejudice. He filed additional motions with the district court on January 11, 1973. Those relevant here include a request for permission to interview a juror and a motion for leave to file affidavits late. The district court held that the appellant had waived his complaint of juror prejudice and entered an order dismissing the…