United States v. Quartello

WEINFELD, District Judge.

Defendant, who was then incarcerated and without counsel, mailed a notice of intention to appeal separately to the Trial Judge and to the Assistant United States Attorney who prosecuted the case on July 15, 1954. Since the judgment of conviction was entered on July 8, 1954, these letters were sent in sufficient time to comply with the time requirements of Rule 37(a) (2) of the Federal Rules of Criminal Procedure, 18 U.S.C.A.1 The fact that neither of them reached the Clerk’s office, although mailed in time, was not the petitioner’s fault.2 The defendant states that in…