UNITED STATES v. SCARLATA

Nos. 11,212 and 11,213.

214 F.2d 807 (1954)

UNITED STATES v. SCARLATA et al. Appeal of DI PIPPA.

United States Court of Appeals Third Circuit.

Decided July 19, 1954.


Attorney(s) appearing for the Case

Rocco Di Pippa pro se.

John W. McIlvaine, U. S. Atty., W. Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before BIGGS, Chief Judge, and MARIS and STALEY, Circuit Judges.


STALEY, Circuit Judge.

This is an appeal by a federal prisoner from the district court's denial of a motion to vacate his sentences. 28 U.S.C. § 2255 (1952).

We are met at the outset by an oblique assertion in the government's brief that the appeal was not filed in time. Since this goes to our appellate jurisdiction, George v. Victor Talking Machine Co., 1934, 293 U.S. 377, 55 S.Ct. 229, 79 L.Ed. 439; Mondakota Gas Co....

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