Legal Opinion
Herbert R. Smith v. United States
Court of Appeals for the Ninth Circuit
Decided April 14, 1970No. 24307PublishedCited by 18 opinions
1Opinion of the Court
KOELSCH, Circuit Judge.
During oral argument, this court raised the question of its jurisdiction. The record shows that on July 1, 1968, judgment was entered against Smith following his conviction for violations of the federal narcotics and tax laws (21 U.S.C. 174 and 26 U.S.C. 4705(a)) and that he filed a notice of appeal on September 26, 1968.
Rule 4(b), F.R.App.P., requires that the notice of appeal be filed with the Clerk of the District Court “within 10 days after the entry of the judgment” and it is settled that compliance is both mandatory and jurisdictional. United States v. Robinson,…
2Cases cited9 opinions
- United States v. RobinsonSupreme Court of the United States · 1960
- Joshua Lee Calland v. United StatesCourt of Appeals for the Seventh Circuit · 1963
- Print Carter O'Neal v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- Print Carter O'Neal v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- United States v. Florio IsabellaCourt of Appeals for the Second Circuit · 1958
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. Philip Martin SadlerCourt of Appeals for the Ninth Circuit · 2007
- Estate Butler's Tire & Battery Co., Inc. v. Ferrous Financial ServicesCourt of Appeals for the Ninth Circuit · 1979
- Jacqueline Selph v. Council of the City of Los AngelesCourt of Appeals for the Ninth Circuit · 1979
- United States of America, Cross-Appellee v. Karen Eccles, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1988
- Carl H. Alley v. Dodge HotelCourt of Appeals for the D.C. Circuit · 1974
13 more not listed; retrieve them via the Exa API.