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

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)

Counsel

No appearance entered on behalf of appellant., Frank B. Potter, U. S. Atty., and Lester L. May, Asst. U. S. Atty., Dallas, Tex., Cavett S. Binion, Asst. U. S. Atty., Fort Worth, Tex., for appellee.

Cases that cite this one

3 later published cases cite this decision.

United States v. Robinson (Supreme Court of the United States 1960)
James Francis Hill v. United States (6th Cir. 1959)
Brant v. United States (5th Cir. 1954)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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