Legal Opinion · Dissent

Troyit Robinson v. United States of America, Travit Robinson v. United States

Court of Appeals for the D.C. Circuit

Decided January 19, 1959No. 14509, 14510Published

1DissentWilbur K. Miller, Circuit Judge

The concluding sentence of Rule 45(b) of the Federal Rules of Criminal Procedure contains this unequivocal statement: “but the court may not enlarge the period * * * for taking an appeal.” I think this forbids the District Court either to enlarge the time for taking an appeal on application therefor made before the expiration of the appeal period, or to enlarge the period after its expiration for excusable neglect or on any other ground.

There is no reason apparent to me why the District Court should be permitted on any ground to extend the time for appeal after its expiration, when it may not…

2Cases cited10 opinions

  1. Richards v. United StatesCourt of Appeals for the D.C. Circuit · 1951
  2. Burke v. CanfieldCourt of Appeals for the D.C. Circuit · 1940
  3. Christoffel v. United StatesCourt of Appeals for the D.C. Circuit · 1951
  4. Maghan v. YoungCourt of Appeals for the D.C. Circuit · 1946
  5. Lujan v. United StatesCourt of Appeals for the Tenth Circuit · 1953

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