United States v. Cecil James Rhodes and John Simmons, A/K/A "Buckeye"

Fifth Circuit

United States v. Cecil James Rhodes and John Simmons, A/K/A "Buckeye"

579 F.2d 366, 1978 U.S. App. LEXIS 9261

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 1, 1978

Docket78-1568

StatusPublished

Cited by1 cases

This text of 579 F.2d 366 (United States v. Cecil James Rhodes and John Simmons, A/K/A "Buckeye") is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Cecil James Rhodes and John Simmons, A/K/A "Buckeye", 579 F.2d 366, 1978 U.S. App. LEXIS 9261 (5th Cir. 1978).

Pincite

Opinion

PER CURIAM:

The appellants tendered pleas of guilty to two counts of a four-count indictment. Simmons was given consecutive sentences totalling eight years’ incarceration and Rhodes was given consecutive sentences to-talling seven years. Eight days later, February 14, 1978, both appellants moved to withdraw their guilty pleas on the ground that the government violated the plea bargain agreement. The district court denied this motion the next day, February 15. The appellants did not file a notice of appeal from that denial until March 9, 1978.

Appellants’ motion to withdraw their guilty pleas was a part of the original criminal case, not an independent civil action. Their appeal from the district court’s denial of this motion was thus untimely under Fed.R.App.P. 4(b), which requires a defendant appealing in a criminal case to file a notice of appeal within 10 days after the entry of the judgment or order appealed from. We remand the case to allow the district court to determine whether excusable neglect entitles appellants to an extension of the time for appeal. See United States v. Guiterrez, 556 F.2d 1217 (5th Cir. 1977).

REMANDED.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

The appellants tendered pleas of guilty to two counts of a four-count indictment. Simmons was given consecutive sentences totalling eight years’ incarceration and Rhodes was given consecutive sentences to-talling seven years. Eight days later, February 14, 1978, both appellants moved to withdraw their guilty pleas on the ground that the government violated the plea bargain agreement. The district court denied this motion the next day, February 15. The appellants did not file a notice of appeal from that denial until March 9, 1978.

Appellants’ motion to withdraw their guilty pleas was a part of the original criminal case, not an independent civil action. Their appeal from the district court’s denial of this motion was thus untimely under Fed.R.App.P. 4(b), which requires a defendant appealing in a criminal case to file a notice of appeal within 10 days after the entry of the judgment or order appealed from. We remand the case to allow the district court to determine whether excusable neglect entitles appellants to an extension of the time for appeal. See United States v. Guiterrez, 556 F.2d 1217 (5th Cir. 1977).

REMANDED.

Cite This Page — Counsel Stack

Bluebook (online)

579 F.2d 366, 1978 U.S. App. LEXIS 9261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cecil-james-rhodes-and-john-simmons-aka-buckeye-ca5-1978.

Opinion

Related

Cite This Page — Counsel Stack