UNITED STATES v. MING SEN SHIUE

No. Cr. 3-80-72.

508 F.Supp. 460 (1981)

UNITED STATES of America, Plaintiff, v. MING SEN SHIUE, Defendant.

United States District Court, D. Minnesota.

January 19, 1981.


Attorney(s) appearing for the Case

Thomas K. Berg, U. S. Atty., and Thorwald H. Anderson, Asst. U. S. Atty., Minneapolis, Minn., for plaintiff.

Ronald I. Meshbesher, Kenneth Meshbesher, Meshbesher, Singer & Spence, Minneapolis, Minn., for defendant.


MEMORANDUM & ORDER

DEVITT, Chief Judge.

The Court of Appeals has remanded this case to the district court "to consider entry of an order extending the time to appeal" for thirty days, nunc pro tunc.

The issue shaped by briefs and argument of counsel is whether defendant's attorney has shown "excusable neglect" under Federal Appellate Rule 4(b) for his failure to timely file a notice of appeal within the required 10 day period so as to vest jurisdiction...

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