Martin v. United States, 5998.
| Decision Date | 22 January 1959 |
| Docket Number | No. 5998.,5998. |
| Citation | 263 F.2d 516 |
| Parties | George F. MARTIN, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Alan A. Armour, Denver, Colo., for appellant.
Erwin A. Cook, Asst. U. S. Atty., Oklahoma City, Okl. (Paul W. Cress, U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.
Before BRATTON, Chief Judge, and PICKETT and LEWIS, Circuit Judges.
On June 7, 1954 the defendant, George F. Martin, entered a plea of not guilty to a two-count indictment charging him with using the United States mails to defraud. Thereafter, on April 15, 1955, while serving another sentence, the defendant, at his own request, was brought before the court, at which time he withdrew his plea of not guilty and entered a plea of guilty to each of the two counts of the indictment. On April 19, 1955 he was sentenced to serve a term of five years on each count, which sentences were to run consecutively to each other and with the sentence which the defendant was then serving. On September 3, 1957 the defendant requested that he be furnished, without cost, certified copies of the indictment and other parts of the record. This request was denied. On November 25, 1957 the defendant wrote the United States District Judge for the Western District of Oklahoma, requesting a modification of his sentence. The letter was treated as a motion under 28 U.S.C.A. § 2255, and was denied. On February 7, 1958 defendant filed a conglomeration of papers labeled "Petition for writ of habeas corpus ad testificandum," a notice of intent to appeal,1 a motion for a subpoena duces tecum, a motion to vacate judgment and sentence and to withdraw plea of guilty,2 and a memorandum in support of the last motion. On February 10, 1958 the court entered an order overruling the petition and motions. Later defendant's additional motions to proceed in forma pauperis were denied. On April 21, 1958 another motion for modification of sentence was filed and overruled. On June 16, 1958 the defendant filed another petition for a writ of habeas corpus which was also overruled.
The only attempt to appeal was the notice filed February 7, 1958 which stated, in effect, that the defendant intended to appeal from any adverse orders which might thereafter be entered in the case. In civil or criminal cases, the Court of Appeals acquires appellate jurisdiction only upon the filing of a timely notice of appeal, filed after the entry of the judgment or order...
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United States v. Robinson, 16
...requests, the clerk shall prepare and file forthwith a notice of appeal on behalf of the defendant. * * *' 4 See, e.g., Martin v. United States, 10 Cir., 263 F.2d 516; Bryant v. United States, 6 Cir., 261 F.2d 229; United States v. Isabella, 2 Cir., 251 F.id 223; Banks v. United States, 9 C......
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Martin v. United States, 6209.
...of § 1915(a) have been satisfied, and shall take such further action as is consistent with the views herein expressed. 1 Martin v. United States, 10 Cir., 263 F. 2d 516. 2 See also Farley v. United States, 354 U.S. 521, 77 S.Ct. 1371, 1 L.Ed.2d 1529, and Johnson v. United States, 352 U.S. 5......
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Lott v. United States
...as evidencing an appeal from an order upon a motion subsequently filed, no matter how the motion may be treated. Cf. Martin v. United States, 10 Cir., 1959, 263 F.2d 516; Jacobanis v. United States, 1 Cir., 1958, 256 F.2d We reach, finally, the conclusion that the jurisdiction of this Court......
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Carnes v. United States
...time provided by Rule 73(a), Fed.Rules Civ.Proc., 28 U.S.C.A., is essential to the jurisdiction of the Court of Appeals. Martin v. United States, 10 Cir., 263 F.2d 516; Lobato v. Pay Less Drug Stores, Inc., 10 Cir., 261 F.2d 406; Stone v. Wyoming Sup.Ct., 10 Cir., 236 F.2d 275. The United S......