U.S. Court of Appeals for the Fifth Circuit, 1953

McIntosh v. United States

McIntosh v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided June 22, 1953 · Holmes, Borah, Rives
204 F.2d 545 (Federal Reporter, Second Series)

McIntosh v. United States

Opinion

PER CURIAM.

On April 22, 1952 the appellant was adjudged guilty of violation of the Mann Act, 18 U.S.C.A. § 2421, and sentenced to^ imprisonment for a period of five years. No appeal was taken within ten days after entry of the judgment as permitted by Rule 37(a)(2) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. There appears in the record, an order of the District Court allowing the defendant to proceed in forma pauperis on appeal to this Court filed on January 3, 1953. The notice of appeal appearing in the record is marked filed March 16, 1953. No appeal having been taken within the time prescribed by Rule 37(a) (2), this Court is without jurisdiction and the appeal is dismissed. See Huff v. United States, 5 Cir., 192 F.2d 911.

Appeal dismissed.

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