Opinion · Court of Appeals for the Fifth Circuit
United States v. Frank A. Flores
507 F.2d 229
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1975-01-27
- Topic
- general
PER CURIAM: Appellant here attempts to appeal from an order of the district court dated July 26, 1974. This order denied appellant’s motion for rehearing of an earlier order denying his motion for reduction or modification of sentence pursuant to Fed.R.Crim.P. 35. Appellant was sentenced on September 21, 1973. On November 13, 1973 he filed, through his attorney, a timely motion to reduce or modify sentence, which the district court denied on November 15, 1973. Appellant did not appeal this order.
Citator
UpLaw has not yet analyzed United States v. Frank A. Flores. The absence of a flag is not a finding that it is good law.
- Cited by
- 11 opinions
UNITED STATES v. FLORES,507 F.2d 229(5th Cir. 1975)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. FRANK A. FLORES,
DEFENDANT-APPELLANT.
No. 74-3261.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
January 27, 1975.
Frank D. McCown, U.S. Atty., Andrew Barr, W. E. Smith, Asst. U.S. Attys., Fort Worth, Tex., for plaintiff-appellee.
Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.
[2] Appeal dismissed.Page 242
- Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970,431 F.2d 409, Part I. ↩
- Appellee argues that because appellant's notice of appeal was filed on August 9, 1974 without allegations of excusable neglect, we lack jurisdiction of this appeal under Fed.R.App.P.4(b). We note, however, that appellant's notice was dated July 31, 1974, well within the time for appealing the July 26 order. Because we find the Rule 35 issue dispositive, we need not pass on whether appellant's notice of appeal was timely under Fallen v. United States,378 U.S. 139,84 S.Ct. 1689,12 L.Ed.2d 760.CompareUnited States v. Mehrtens, 5 Cir. 1974,494 F.2d 1172,1176,withUnited States v. Grimes, 5 Cir. 1970,426 F.2d 706,707. ↩