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CARRELL v. UNITED STATES

No. 18782.

344 F.2d 537 (1965)

Reginald CARRELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 18, 1965.

Attorney(s) appearing for the Case

Mr. William H. Clarke, Washington, D. C., with whom Mr. David F. Grimaldi, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. David N. Ellenhorn, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, BURGER and McGOWAN, Circuit Judges.

PER CURIAM.

Appellant, with others, was convicted of rape. He did not appeal within the time specified in Rule 37(a) (2), Fed.R. Crim.P. Others tried with him did appeal, one obtaining a reversal. Franklin et al. v. United States, 117 U.S.App.D.C. 331, 330 F.2d 205 (1964). Prior to that decision, but some thirteen months after he had been sentenced, appellant on February 14, 1964 filed in the District Court a Motion for leave to file...

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