United States v. Troy Joe Lynch, Jr.

For failure to file appellant’s brief within the time allowed by our rules and reasonable extensions of time granted by the clerk, the motion of the United States to dismiss the appeal is allowed. F.R.App.P. 31(a), (b) and (e).

Even so, we have carefully examined the record and the points attempted to be presented by the belated tender of the brief on the date set for hearing the motion to dismiss. It is urged upon us that error was committed below in the failure of the trial court to require the government to elect as between counts of the indictment and in the submission of the case to the…