Opinion · Court of Appeals for the Tenth Circuit
Clifton John Peterkin v. United States
Clifton John Peterkin v. United States, 311 F.2d 219 (10th Cir. 1962)
- Type
- Opinion
- Court
- Court of Appeals for the Tenth Circuit
- Jurisdiction
- Federal
- Date
- 1962-11-19
- Topic
- general
PER CURIAM. Appellant Peterkin was found guilty by a jury of violation of 18 U.S. C. § 2312 and was sentenced on July 27, 1962. He was represented by counsel at the trial and at the imposition of sentence. Notice of appeal was filed on August 20, 1962, by permission of the sentencing court.
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- 5 opinions
Appellant Peterkin was found guilty by a jury of violation of 18 U.S. C. § 2312 and was sentenced on July 27, 1962. He was represented by counsel at the trial and at the imposition of sentence. Notice of appeal was filed on August 20, 1962, by permission of the sentencing court. The Government has filed a motion to docket and dismiss. The motion must be granted because the law is well settled that the taking of an appeal within the prescribed time is mandatory and jurisdictional. United States v. Robinson, 361 U.S. 220, 80 S.Ct. 282, 4 L.Ed.2d 259; Wilkinson v. United States, 10 Cir., 278 F.2d 604, certiorari denied 363 U.S. 829, 80 S.Ct. 1600, 4 L.Ed.2d 1524; Rule 37(a) (2), F.R.Crim.P.
Accordingly, it is ordered that the appeal is docketed and dismissed.