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UNITED STATES v. STATLER

Docket 29356.

343 F.2d 121 (1965)

UNITED STATES of America, Appellee, v. Robert STATLER, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 18, 1965.

Attorney(s) appearing for the Case

Neil Peck, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., Southern District of New York, New York City), for appellee.

Leon B. Polsky, Legal Aid Society, New York City, for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

PER CURIAM.

Robert Statler was sentenced to three years' imprisonment on November 13, 1964, for violation of 18 U.S.C. §§ 371 and 2315, after a trial before Judge Murphy in the Southern District of New York. On January 8, 1965 this court granted the government's motion to dismiss Statler's appeal, as Statler had filed his notice of appeal on December 3, 1964, after the expiration of the ten-day period for filing a notice of appeal specified in Rule 37(a...

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