United States v. Robert Statler

Second Circuit

United States v. Robert Statler

343 F.2d 121, 1965 U.S. App. LEXIS 6175

CourtCourt of Appeals for the Second Circuit

DecidedMarch 18, 1965

DocketDocket 29356

StatusPublished

Cited by3 cases

This text of 343 F.2d 121 (United States v. Robert Statler) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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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United States v. Robert Statler, 343 F.2d 121, 1965 U.S. App. LEXIS 6175 (2d Cir. 1965).

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PER CURIAM.

Robert Statler was sentenced to three years’ imprisonment on November 13, 1964, for violation of 18 U.S.C. §§ 371 and 2315, after a trial before Judge Murphy in the Southern District of New York. On January 8, 1965 this court granted the government’s motion to dismiss Statler’s appeal, as Statler had filed his notice of appeal on December 3, 1964, after the expiration of the ten-day period for filing a notice of appeal specified in Rule 37(a) (2) of the Federal Rules of Criminal Procedure. Thereafter, on January 14, 1965 Statler, this time represented by Legal Aid counsel (as he has been through the remainder of these proceedings), moved for a rehearing on the motion and submitted his affidavit that he had attempted to file his appeal, that after his sentencing his attorney informed him that he would no longer represent him,, that when he personally appeared at the office of the clerk of the Southern District of New York within the ten-day period he was informed that because he was represented by counsel he could not personally file a notice of appeal, and that a subsequent similar effort also met with failure. He argued that his filing past the ten-day period should be deemed timely as he was prevented by the clerk from filing within the ten days. The government contended that Statler had made no effort to file his notice of appeal during the time permitted.

Because there existed a factual dispute as to what, if anything, Statler had done to file his appeal, we referred the matter to the Southern District court to take testimony, and find the facts and report. On January 27, 1965 Judge Murphy held a hearing at which Statler, his former attorney, and members of the staff of the office of the clerk of the district court testified. Judge Murphy concluded that Statler’s testimony was “incredible and unworthy of belief” and he found that Statler “did not appear at the Clerk's Office on November 23, 1964, or on any date prior thereto m an attempt to file a notice of appeal.”

We think that the record amply supports the conclusions reached by Judge Murphy. Accordingly we grant the government’s motion to dismiss the appeal.

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PER CURIAM.

Robert Statler was sentenced to three years’ imprisonment on November 13, 1964, for violation of 18 U.S.C. §§ 371 and 2315, after a trial before Judge Murphy in the Southern District of New York. On January 8, 1965 this court granted the government’s motion to dismiss Statler’s appeal, as Statler had filed his notice of appeal on December 3, 1964, after the expiration of the ten-day period for filing a notice of appeal specified in Rule 37(a) (2) of the Federal Rules of Criminal Procedure. Thereafter, on January 14, 1965 Statler, this time represented by Legal Aid counsel (as he has been through the remainder of these proceedings), moved for a rehearing on the motion and submitted his affidavit that he had attempted to file his appeal, that after his sentencing his attorney informed him that he would no longer represent him,, that when he personally appeared at the office of the clerk of the Southern District of New York within the ten-day period he was informed that because he was represented by counsel he could not personally file a notice of appeal, and that a subsequent similar effort also met with failure. He argued that his filing past the ten-day period should be deemed timely as he was prevented by the clerk from filing within the ten days. The government contended that Statler had made no effort to file his notice of appeal during the time permitted.

Because there existed a factual dispute as to what, if anything, Statler had done to file his appeal, we referred the matter to the Southern District court to take testimony, and find the facts and report. On January 27, 1965 Judge Murphy held a hearing at which Statler, his former attorney, and members of the staff of the office of the clerk of the district court testified. Judge Murphy concluded that Statler’s testimony was “incredible and unworthy of belief” and he found that Statler “did not appear at the Clerk's Office on November 23, 1964, or on any date prior thereto m an attempt to file a notice of appeal.”

We think that the record amply supports the conclusions reached by Judge Murphy. Accordingly we grant the government’s motion to dismiss the appeal.

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343 F.2d 121, 1965 U.S. App. LEXIS 6175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-statler-ca2-1965.

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