Cramer v. Wise
Cramer v. Wise
Opinion of the Court
Clifton Ralph Cramer was convicted after a jury trial on fifteen counts of mail fraud, in violation of 18 U.S.C. § 1341. He was sentenced to the custody of the Attorney General pursuant to 18 U.S.C. § 5010(b) of the Federal Youth Corrections Act and was fined $10,000.
In this pro se appeal from the district court’s denial of his motion under 28 U. S.C. § 2255, he contends, citing United States v. Hayes, 9 Cir., 1973, 474 F.2d 965, that the imposition of the fine in addition to sentencing under the Federal Youth Corrections Act was error. Our preliminary concern, however, is with the fact that this appeal was not timely filed. Rule 4(a) of the Federal Rules of Appellate Procedure provides that notice of appeal in a case such as this be filed within 60 days of the entry of judgment. The district court’s denial of relief here was entered on September 26, 1973, and the notice of appeal was filed on December 7, 1973.
Remanded.
. Notarization of the notice of appeal was executed on November 26,1973.
Reference
- Full Case Name
- Clifton Ralph CRAMER v. Jack H. WISE, Warden, Federal Correctional Institute
- Cited By
- 12 cases
- Status
- Published