Balistreri v. United States

The appellee moved to dismiss the appeal on the ground that it is a frivolous appeal and that appellant’s brief had not been filed within the time fixed by order of court. On the argument the appellant tendered his brief on appeal and the appellee abandoned the motion insofar as it was based upon the ground of delay, but pressed the claim that the appeal is frivolous.

The trial court in sentencing the appellant who plead guilty fixed a term of imprisonment to begin at the expiration of the term theretofore imposed for the crime of counterfeiting. The appellant’s claim is that the court had no…