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United States v. Akers

decided: March 17, 1969.

UNITED STATES OF AMERICA
v.
JOSEPH HOBERT AKERS, SR., APPELLANT



Biggs, Forman and Freedman, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

A verdict of guilty was rendered against Akers on September 25, 1967. He was sentenced to be imprisoned for six years on November 8, 1967 and the judgment of commitment was filed on the same day. A notice of appeal was filed by Akers on November 20, 1967, clearly out of time, but on the same day the court below granted him leave to prosecute an appeal in forma pauperis. On November 22, the court below treated "divers [written] communications" from Akers complaining about the length of his sentence as the equivalent of a "motion" for reduction of sentence. The motion was denied on that day. Akers contends that the motion should have been granted and so argued to this court. But no appeal was taken from the order denying the motion.

The appeal will be dismissed. The appeal from the judgment of commitment, as we have stated, was filed out of time and no appeal was taken from the order denying the motion for reduction of sentence. See Section 1291, 28 U.S.C. We are therefore without jurisdiction to determine the merits of Akers' motion to reduce his sentence.*fn1

The court is grateful to Akers' counsel, appointed by this court, for his services ...


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