SMITH v. UNITED STATES

No. 24307.

425 F.2d 173 (1970)

Herbert R. SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 14, 1970.


Attorney(s) appearing for the Case

Lorraine A. Smith (argued), San Francisco, Cal., for appellant.

John W. Hornbeck (argued), Asst. U. S. Atty., Wm. Matthew Byrne, U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLIN, KOELSCH and KILKENNY, Circuit Judges.


KOELSCH, Circuit Judge.

During oral argument, this court raised the question of its jurisdiction. The record shows that on July 1, 1968, judgment was entered against Smith following his conviction for violations of the federal narcotics and tax laws (21 U.S.C. 174 and 26 U.S.C. 4705(a)) and that he filed a notice of appeal on September 26, 1968.

Rule 4(b), F.R.App.P., requires that the notice of appeal be filed with the Clerk of the District Court "within...

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