Clifton John Peterkin v. United States

Tenth Circuit

Clifton John Peterkin v. United States

311 F.2d 219

CourtCourt of Appeals for the Tenth Circuit

DecidedNovember 19, 1962

Docket7195

StatusPublished

Cited by5 cases

This text of 311 F.2d 219 (Clifton John Peterkin v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Clifton John Peterkin v. United States, 311 F.2d 219 (10th Cir. 1962).

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Opinion

PER CURIAM.

Appellant Peterkin was found guilty by a jury of violation of 18 U.S. C. § 2312 and was sentenced on July 27, 1962. He was represented by counsel at the trial and at the imposition of sentence. Notice of appeal was filed on August 20, 1962, by permission of the sentencing court. The Government has filed a motion to docket and dismiss. The motion must be granted because the law is well settled that the taking of an appeal within the prescribed time is mandatory and jurisdictional. United States v. Robinson, 361 U.S. 220, 80 S.Ct. 282, 4 L.Ed.2d 259; Wilkinson v. United States, 10 Cir., 278 F.2d 604, certiorari denied 363 U.S. 829, 80 S.Ct. 1600, 4 L.Ed.2d 1524; Rule 37(a) (2), F.R.Crim.P.

Accordingly, it is ordered that the appeal is docketed and dismissed.

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PER CURIAM.

Appellant Peterkin was found guilty by a jury of violation of 18 U.S. C. § 2312 and was sentenced on July 27, 1962. He was represented by counsel at the trial and at the imposition of sentence. Notice of appeal was filed on August 20, 1962, by permission of the sentencing court. The Government has filed a motion to docket and dismiss. The motion must be granted because the law is well settled that the taking of an appeal within the prescribed time is mandatory and jurisdictional. United States v. Robinson, 361 U.S. 220, 80 S.Ct. 282, 4 L.Ed.2d 259; Wilkinson v. United States, 10 Cir., 278 F.2d 604, certiorari denied 363 U.S. 829, 80 S.Ct. 1600, 4 L.Ed.2d 1524; Rule 37(a) (2), F.R.Crim.P.

Accordingly, it is ordered that the appeal is docketed and dismissed.

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311 F.2d 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clifton-john-peterkin-v-united-states-ca10-1962.

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