U.S. Court of Appeals for the D.C. Circuit, 1960

Orville Steptoe v. United States

Orville Steptoe v. United States
U.S. Court of Appeals for the D.C. Circuit · Decided July 7, 1960 · Per Curiam
280 F.2d 641; 108 U.S. App. D.C. 93; 1960 U.S. App. LEXIS 4059 (Federal Reporter, Second Series)

Counsel

Mr. Albert F. Adams, Washington, D. C. (appointed by this court), for appellant., Mr. Donald S. Smith, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee., Before Edgerton, Washington, and Bastían, Circuit Judges.

Orville Steptoe v. United States

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Opinion

PER CURIAM.

Appellant contends and appellee does not question that this appeal from denial of a motion under 28 U.S.C. § 2255 to vacate a sentence for robbery should be treated as a direct appeal from the conviction, on the basis that notice of appeal was timely filed and subsequent delay was due to excusable neglect. We assume, without deciding, that this is correct. Cf. Blunt v. United States, 100 U.S.App.D.C. 266, 244 F.2d 355; Ramsour v. United States, 108 U.S.App.D.C. -, 280 F.2d 57. We find no error affecting substantial rights.

Affirmed.

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