Legal Opinion

United States v. Eric Kalb

Court of Appeals for the Third Circuit

Decided May 31, 2018No. 17-1333PublishedCited by 19 opinions

1Opinion of the CourtScirica, Circuit Judge

In this government appeal under 18 U.S.C. § 3731 , we must decide if a motion for reconsideration, filed after the statutory appeal period elapsed but considered on the merits, nonetheless keeps the appeal period from expiring. Section 3731 imposes a thirty-day filing requirement, which can be stopped by a timely filed motion for reconsideration. In this case, the government filed a motion for reconsideration more than thirty days after the District Court entered an order granting defendant-appellee Eric Kalb's motion to suppress. The District Court denied the motion for reconsideration on…

2Cases cited46 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  3. Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
  4. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  5. Bowles v. RussellSupreme Court of the United States · 2007

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3Cited by19 opinions

  1. T Mobile Northeast LLC v. City of WilmingtonCourt of Appeals for the Third Circuit · 2019
  2. John Guerra, Jr. v. Consolidated Rail CorpCourt of Appeals for the Third Circuit · 2019
  3. United States v. Juan De La Cruz MoranteDistrict Court, S.D. Texas · 2019
  4. FirstBank Puerto Rico v. MisiteDistrict Court, Virgin Islands · 2019
  5. Graham Lundeen v. 10 West Ferry Street Operations LLCCourt of Appeals for the Third Circuit · 2025

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