Fallen v. United States

At issue in this case is whether petitioner’s notice of appeal was filed within the time specified by Rule 37 (a) (2) of the Federal Rules of Criminal Procedure.

*140Petitioner was convicted on January 11, 1962, of violations of the postal laws.1 Four days later — on January 15 — he appeared for sentencing with the attorney who had been appointed to represent him at trial. Consecutive sentences aggregating 20 years were imposed, after which the defendant asked if he could appeal the case “as an insolvent.” The sentencing judge replied:

“Oh, yes, you always have a right to appeal; the Government…