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UNITED STATES v. ROTHSEIDEN

No. 82-5513.

680 F.2d 96 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Louis Paul ROTHSEIDEN, August Goncalves, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 6, 1982.

Attorney(s) appearing for the Case

Stanley Marcus, U. S. Atty., Miami, Fla., Lurana S. Snow, Asst. U. S. Atty., Fort Lauderdale, Fla., for plaintiff-appellant.

Stephen J. Kogan, Miami, Fla., for defendant-appellee Rothseiden.

Alan E. Weinstein, Richard J. Preira, Miami Beach, Fla., for defendant-appellee Goncalves.

Before GODBOLD, Chief Judge, JOHNSON and ANDERSON, Circuit Judges.

GODBOLD, Chief Judge:

Appellees move to dismiss this appeal for failure of the United States to file a proper notice of appeal. We remand to the district court for it to determine whether there was excusable neglect in the government's failure to timely file a notice of appeal.

The United States brought criminal charges against four defendants in the Southern District of Florida. In an order entered January 21, 1982...

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