Bobby Ray Gill v. United States

357 F.2d 334

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 13, 1966
• Docket: 22956_1
• Status: Published

Opinion

PER CURIAM:

The appellant is serving a sentence imposed upon a judgment of conviction affirmed by this Court in Gill v. United States, 5th Cir. 1961, 285 F.2d 711, cer-tiorari denied 373 U.S. 944, 83 S.Ct. 1554, 10 L.Ed.2d 699, rehearing denied 375 U.S. 874, 84 S.Ct. 34, 11 L.Ed.2d 105.

The present appeal is from the denial of a motion under 28 U.S.C.A. § 2255. The motion was denied on January 15, 1965, and a motion for rehearing denied Notice of appeal was March 9, 1965 filed on June 14, 1965, at least 37 days after the expiration of the time allowed for appeal. See Rule 73(a) F.R.Civ.P. The appeal is therefore

Dismissed.