United States v. Neff

Eighth Circuit Court of Appeals

Submitted Aug. 22, 1975. Decided Sept. 4, 1975.

Eighth Circuit Court of Appeals · decided 1975-09-04

Cited by 1 later decisions — most recently September 1975

1 federal appellate ·

2 counsel of record

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Opinion by Per Curiam · Decided 1975-09-04

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Herbert D. Neff, pro se.

Donald J. Stohr, U. S. Atty., and John Birkby, Sp. Atty., St. Louis, Mo., for appellee.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

¶1

The appeal of Herbert D. Neff is dismissed for his failure to file a timely notice of appeal. See Fed.R.Crim.P. 49(c). United States of America v. James Howard Ayers, No. 75-1462 (8th Cir. August 4, 1975).

¶2

Notwithstanding our lack of jurisdiction, we are satisfied that the sentence, which we are asked to set aside as being excessive, is within the statutory limits and is not otherwise shown to be arbitrary.