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UNITED STATES v. SOLLY

Nos. 75-2236, 75-2410.

545 F.2d 874 (1976)

UNITED STATES of America v. Edward Elmer SOLLY et al. Appeal of Charles J. SMITH.

United States Court of Appeals, Third Circuit.

Decided December 9, 1976.

As Amended December 29, 1976.

Attorney(s) appearing for the Case

Charles J. Smith, pro se.

Judith M. Mears, Supervising Atty., Yale Legal Services Organization, New Haven, Conn., for appellant, Charles J. Smith; Joseph S. Genova, Yale Law School, Class of 1977, on brief.

Jonathan L. Goldstein, U.S. Atty., Maryanne T. Desmond, John J. Barry, Asst. U.S. Attys., Newark, N.J., for appellee, United States of America.

Before SEITZ, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

We are here concerned with separate appeals by the same party (Smith). In No. 2236, Smith appeals out of time from an order of the district court denying his Rule 35 motion for reduction of sentence. In No. 2410, he appeals from the denial of his motion, pursuant to Fed.R.App.P. 4(b), for an extension of time within which to file his appeal in No. 2236. The district court's docket sheets show that Smith was again...

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