308 F.2d 775 - Klink v. United States — 308 F.2d 775

How this case has been cited

Cited by 13 later decisions — most recently August 2002

7 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *776Burton J. Johnson, Oklahoma City, Old., for appellant.

¶2L. K. Smith, Asst. U. S. Atty. (John M. Imel, U. S. Atty., was with him on the brief), for appellee.

¶3Before LEWIS, BREITENSTEIN, and SETH, Circuit Judges.

¶4PER CURIAM.

¶5After waiving counsel and indictment, Appellant Klink pleaded guilty to a violation of 18 U.S.C. § 2312, and was sentenced to a 5-year term on December 14, 1961. The next day he was returned to Court and made an oral motion for reduction of sentence on the ground that a government agent told him he would receive leniency, if he pleaded guilty. After a hearing, the Court denied relief. Klink was aware of his right to appeal, but did not do so within the 10 days prescribed by Rule 37(a) (2), F.R.Crim.P., 18 U.S.C.

¶6Later Klink filed a motion for relief under 28 U.S.C. § 2255. That motion was denied on January 29, 1962. An application for leave to appeal in forma pauperis was filed on April 30, 1962 and denied. We granted the necessary permission to appeal and the government has moved to dismiss, on the ground that this Court has no jurisdiction because the appeal was filed out of time.

¶7If the appeal is from the denial of the motion for reduction of sentence, the Criminal Rules apply.1 And, as no notice of appeal was filed within 10 days, we have no jurisdiction.2 If the appeal is from the denial of relief under § 2255, the Civil Rules apply3 and we have no jurisdiction because no notice of appeal was filed within 60 days.4

¶8The appeal is dismissed.