Vastola v. United States

How later courts describe this case

• “The key question under Rule 4(b) is when the notice of appeal was filed, not when the time extension was granted.”
• remanded for reconsideration in light of United States v. Rios, 495 U.S. 257, 110 S.Ct. 1845, 109 L.Ed.2d 224 (1990)
• “A missing witness instruction is not appropriate when the witness is available to both the defense and the prosecution.”
• "Several courts of appeals have construed this provision to mean that, in criminal cases, a notice of appeal filed within thirty days after the expiration of the filing period functions as a request for an extension of time ____”