UNITED STATES v. GUITERREZ

No. 77-1034. Summary Calendar.

556 F.2d 1217 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis Herrera GUITERREZ and Jose Herrera Nieto, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 4, 1977.


Attorney(s) appearing for the Case

Rodert Nino, Houston, Tex., for defendants-appellants.

Edward B. McDonough, Jr., U. S. Atty., Anna E. Stool, George A. Kelt, Jr., James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GOLDBERG, CLARK and FAY, Circuit Judges.


PER CURIAM:

Appellants seek review of the denial of their motion to reduce sentence under Fed.R.Crim.P. 35. As recorded in the docket entry, the court denied the motion December 1, 1976. Appellants filed a notice of appeal December 15, 1976. Under Fed.R.App.P. 4(b), the appeal was untimely.

A rule 35 motion is a proceeding in the original criminal prosecution. See Heflin v. United States, 358 U.S. 415, 418 n.7, 79 S.Ct...

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