Legal Opinion
United States v. Scarlata Appeal of Di Pippa
Court of Appeals for the Third Circuit
Decided July 19, 1954No. 213_1PublishedCited by 19 opinions
1Opinion of the Court
STALEY, Circuit Judge.
This is an appeal by a federal prisoner from the district court’s denial of a motion to vacate his sentences. 28 U.S.C. § 2255 (1952).
We are met at the outset by an oblique assertion in the government’s brief that the appeal was not filed in time. Since this goes to our appellate jurisdiction, George v. Victor Talking Machine Co., 1934, 293 U.S. 377, 55 S.Ct. 229, 79 L.Ed. 439; Mondakota Gas Co. v. Montana-Dakota Utilities Co., 9 Cir., 194 F.2d 705, certiorari denied, 1952, 344 U.S. 827, 73 S.Ct. 28, 97 L.Ed. 643, we must meet it first. It need not detain us long. The…
2Cases cited9 opinions
- United States v. MorganSupreme Court of the United States · 1954
- Kercheval v. United StatesSupreme Court of the United States · 1927
- United States v. HaymanSupreme Court of the United States · 1952
- Fiswick v. United StatesSupreme Court of the United States · 1946
- United States v. FoxCourt of Appeals for the Third Circuit · 1942
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Kenneth C. GordonCourt of Appeals for the Seventh Circuit · 1958
- Pino v. Nicolls (Two Cases)Court of Appeals for the First Circuit · 1954
- United States v. Carl L. CombsCourt of Appeals for the Tenth Circuit · 1980
- Diego Gonzalez v. United StatesCourt of Appeals for the First Circuit · 1955
- John Wesley Riadon, Jr. v. United StatesCourt of Appeals for the Sixth Circuit · 1960
14 more not listed; retrieve them via the Exa API.