United States v. Conrad Lee Johnson
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
DAVID A. NELSON, Circuit Judge.
This is an appeal from the denial of a motion to reconsider the denial of a federal prison inmate’s petition for a writ of error coram nobis. The petitioner filed a notice of appeal 18 days after the denial of his motion. The threshold question — a question of first impression in this circuit — is whether the appeal is to be treated as a civil appeal under Fed.R.App.P. 4(a), subject to a 60-day appeal period because the United States is a party, or as a criminal appeal under Fed.RApp.P. 4(b), subject to a 10-day appeal period.
Like the majority of courts…
2Cases cited15 opinions
- United States v. MorganSupreme Court of the United States · 1954
- Smith v. BarrySupreme Court of the United States · 1992
- United States v. James Vincent KeoghCourt of Appeals for the Second Circuit · 1968
- Leonard Ray Blanton v. United StatesCourt of Appeals for the Sixth Circuit · 1996
- United States v. BrownCourt of Appeals for the Eleventh Circuit · 1997
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3Cited by52 opinions
- United States v. OrocioCourt of Appeals for the Third Circuit · 2011
- Alejandro Matus-Leva v. United StatesCourt of Appeals for the Ninth Circuit · 2002
- Ramani Pilla v. United StatesCourt of Appeals for the Sixth Circuit · 2012
- United States v. TorresCourt of Appeals for the Tenth Circuit · 2002
- Loving v. United StatesCourt of Appeals for the Armed Forces · 2005
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