United States v. Antonio Santia-Manriquez and Alfredo Santiago-Rodriguez

Fifth Circuit

United States v. Antonio Santia-Manriquez and Alfredo Santiago-Rodriguez

609 F.2d 1162, 1980 U.S. App. LEXIS 21340

Court of Appeals for the Fifth Circuit·Decided January 15, 1980·No. 78-2940·Published·Cited by 5 cases

Opinion

ON PETITION FOR REHEARING

PER CURIAM:

The Government has pointed out that United States v. Mclnnis, 601 F.2d 1319, 1323 (5th Cir. 1979), reached a different conclusion than our original opinion in this case, 603 F.2d 575, 577 & n.l (5th Cir. 1979) (per curiam), on whether the thirty-day period during which the Government must file a notice of appeal under Fed.R.App.P. 4(b) begins as of the date of an oral order or as of the date of the written order.

Accordingly, we delete the last two sentences of the first paragraph of the opinion and footnote one. In their place, the following sentences should be inserted at the end of the first paragraph: “On October 4, 1978, the district court handed down a written order embodying its July 28 verbal order, so both appeals are timely under Fed.R. App.P. 4(b). United States v. Mclnnis, 601 F.2d 1319,1323 (5th Cir. 1979). We find the district court’s ruling to be correct and affirm.”

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ON PETITION FOR REHEARING

PER CURIAM:

The Government has pointed out that United States v. Mclnnis, 601 F.2d 1319, 1323 (5th Cir. 1979), reached a different conclusion than our original opinion in this case, 603 F.2d 575, 577 & n.l (5th Cir. 1979) (per curiam), on whether the thirty-day period during which the Government must file a notice of appeal under Fed.R.App.P. 4(b) begins as of the date of an oral order or as of the date of the written order.

Accordingly, we delete the last two sentences of the first paragraph of the opinion and footnote one. In their place, the following sentences should be inserted at the end of the first paragraph: “On October 4, 1978, the district court handed down a written order embodying its July 28 verbal order, so both appeals are timely under Fed.R. App.P. 4(b). United States v. Mclnnis, 601 F.2d 1319,1323 (5th Cir. 1979). We find the district court’s ruling to be correct and affirm.”

United States v. Antonio Santia-Manriquez and Alfredo Santiago-Rodriguez, 609 F.2d 1162, 1980 U.S. App. LEXIS 21340 (5th Cir. 1980).

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Opinion

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