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CARLISLE v. UNITED STATES

Nos. 19081, 19252.

352 F.2d 716 (1965)

Lynn Robert CARLISLE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 30, 1965.

Petition for Rehearing Denied November 9, 1965.

Attorney(s) appearing for the Case

Mr. Joseph D. Harbaugh, Washington, D. C. (appointed by this court), for appellant. Messrs. William W. Greenhalgh, Marvin J. Brenner, Robert S. Hall, Jr., Jefferson Davis Kirby, III, and William Bryan Martin, Washington, D. C. (all appointed by this court), also entered appearances for appellee.

Mr. Allan M. Palmer, Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., at the time the brief was filed, and Mr. Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. John C. Conliff, Jr., U. S. Atty., also entered an appearance for appellee.

Before FAHY, McGOWAN and LEVENTHAL, Circuit Judges.

Petition for Rehearing En Banc Denied November 9, 1965.

PER CURIAM.

These appeals present again the problem of the criminally convicted defendant who asserts that he has been deprived of a direct appeal because of the failure of his court-appointed counsel to inform him of his right to such an appeal and of the 10-day period in which it must be initiated. Rule 37(a) (2), FED. R.CRIM.P. And see United States v. Robinson, 361 U.S. 220

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