Walter X. Washington, Jr. v. United States

Third Circuit

Walter X. Washington, Jr. v. United States

450 F.2d 945, 1971 U.S. App. LEXIS 7222

CourtCourt of Appeals for the Third Circuit

DecidedNovember 8, 1971

Docket19347

StatusPublished

Cited by4 cases

This text of 450 F.2d 945 (Walter X. Washington, Jr. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walter X. Washington, Jr. v. United States, 450 F.2d 945, 1971 U.S. App. LEXIS 7222 (3d Cir. 1971).

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Opinion

OPINION OF THE COURT

PER CURIAM:

Appellant was convicted of bank robbery and assaulting or putting in jeopardy by use of a dangerous weapon in connection with bank robbery in violation of 18 U.S.C. § 2113(a) and (d). He seeks review of the district court’s denial of his motion, pursuant to 28 U.S.C. § 2255, that his guilty plea was accepted in violation of Rule 11, F.R.Cr.P.

Rule 4(a), F.R.A.P., provides that notice of appeal of civil actions *946 must be filed within thirty days of the entry of the judgment or order appealed from, or, if the United States is a party, within sixty days of such entry. A motion under § 2255, like a petition for a writ of habeas corpus, is an independent civil suit. Heflin v. United States, 358 U.S. 415, 418, n. 7, 79 S.Ct. 451, 3 L.Ed.2d 407 (1959). The district court’s order denying appellant’s motion was entered on April 2, 1970. Because notice of appeal was not filed until September 2, 1970, this court is without jurisdiction to hear this appeal. F.R.A.P. 4(a).

The appeal will be dismissed.

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OPINION OF THE COURT

PER CURIAM:

Appellant was convicted of bank robbery and assaulting or putting in jeopardy by use of a dangerous weapon in connection with bank robbery in violation of 18 U.S.C. § 2113(a) and (d). He seeks review of the district court’s denial of his motion, pursuant to 28 U.S.C. § 2255, that his guilty plea was accepted in violation of Rule 11, F.R.Cr.P.

Rule 4(a), F.R.A.P., provides that notice of appeal of civil actions *946 must be filed within thirty days of the entry of the judgment or order appealed from, or, if the United States is a party, within sixty days of such entry. A motion under § 2255, like a petition for a writ of habeas corpus, is an independent civil suit. Heflin v. United States, 358 U.S. 415, 418, n. 7, 79 S.Ct. 451, 3 L.Ed.2d 407 (1959). The district court’s order denying appellant’s motion was entered on April 2, 1970. Because notice of appeal was not filed until September 2, 1970, this court is without jurisdiction to hear this appeal. F.R.A.P. 4(a).

The appeal will be dismissed.

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Bluebook (online)

450 F.2d 945, 1971 U.S. App. LEXIS 7222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-x-washington-jr-v-united-states-ca3-1971.

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