Legal Opinion

Crumpton v. United States

District Court, C.D. California

Decided August 29, 1980No. 79-2545, CV 78-3074 WMB and CR 75-1058 WMBPublishedCited by 3 opinions

1Opinion of the Court

AMENDED DETERMINATIONS ON REMAND

WM. MATTHEW BYRNE, Jr., District Judge.

On July 10, 1980, the Court of Appeals for the Ninth Circuit remanded petitioner’s appeal of the denial of his motion for relief under Section 2255, Title 28, United States Code, to this Court for thirty-five days “for the limited purpose of allowing [this] court to determine whether appellant’s filing of a late notice of appeal . . . was due to excusable neglect.” 1 Appeals in proceedings to vacate a sentence under 28 U.S.C. § 2255, like habeas corpus appeals are governed by Rule 4(a), Federal Rules of Appellate…

2Cases cited9 opinions

  1. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  2. Thompson v. Immigration & Naturalization ServiceSupreme Court of the United States · 1964
  3. Estate Butler's Tire & Battery Co., Inc. v. Ferrous Financial ServicesCourt of Appeals for the Ninth Circuit · 1979
  4. Jacqueline Selph v. Council of the City of Los AngelesCourt of Appeals for the Ninth Circuit · 1979
  5. Sam Rabin v. Henry Cohen, B & H Processing Co., and Peterson Manufacturing Co., Inc.Court of Appeals for the Ninth Circuit · 1978

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3Cited by3 opinions

  1. United States v. Laurence John LaytonCourt of Appeals for the Ninth Circuit · 1988
  2. Berndt v. StinsonDistrict Court, E.D. Tennessee · 1982
  3. United States v. ChaneyDistrict Court, E.D. Wisconsin · 1983

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