UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LAWRENCE UMFRESS, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
LAWRENCE UMFRESS, DEFENDANT-APPELLANT
562 F.2d 359
Court of Appeals for the Fifth Circuit (1977)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM:
Lawrence Umfress was convicted after a jury trial on two counts relating to the false statement of his gross income on his United States individual income tax returns for the calendar years 1972 and 1973, in violation of 26 U.S.C., § 7206. On February 25, 1977, Umfress was sentenced to two terms of eighteen months imprisonment, with the sentences to run consecutively. The prescribed ten day period in which to file a notice of appeal, Rule 4(b), F.R.A.P., thus expired on March 7, 1977. Umfress did not file such notice until March 8, 1977. The notice of appeal not being timely filed, this Court lacks jurisdiction. In the interest of justice, however, we remand the case to the District Court to allow Umfress thirty days in which to move for a determination whether, under Rule 4(b), excusable neglect entitles him to an extension of time to appeal. Should this appeal be brought, it may be decided without further briefing or argument. See e. g. United States v. Lewis, 5 Cir., 1975, 522 F. 2d 1367; Cramer v. Wise, 5 Cir., 1974, 494 F. 2d 1185. See, also, United States v. Stolarz, 9 Cir., 1976, 547 F. 2d 108.
REMANDED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Lucas, 597 F.2d 243 (10th Cir. 1979)
-
United States v. Ward, 696 F.2d 1315 (11th Cir. 1983)
-
United States v. Ford, 627 F.2d 807 (7th Cir. 1980)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Stolarz, 547 F.2d 108 (9th Cir. 1976)
- Cramer v. Wise, 494 F.2d 1185 (5th Cir. 1974)
- United States v. Lewis, 522 F.2d 1367 (5th Cir. 1975)