Henry Franklin Boruff v. United States

TUTTLE, Chief Judge.

The appellant here is met at -the threshold of his appeal from a conviction and sentence with the very serious question whether this Court has jurisdiction of this appeal. This question arises from the undisputed fact in the record that no notice of appeal was filed within ten days following the November 22nd order of the trial judge sentencing appellant to serve a term of 2y2 years following his conviction of the crime of committing fraud by wire, 18 U.S.C.A. § 1343.

Essential to a consideration of the Government’s motion to dismiss the appeal for failure to comply with…