UNITED STATES v. AWALT

No. 82-1196.

728 F.2d 704 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Howard Eugene AWALT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 26, 1984.


Attorney(s) appearing for the Case

Howard Eugene Awalt, pro se.

Michael P. Heiskell, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before REAVLEY, GARWOOD and JOLLY, Circuit Judges.


ON PETITION FOR REHEARING

PER CURIAM:

Howard Eugene Awalt appeals from the denial of his Rule 35 motion to reduce and correct his sentence. A threshold issue which is presented is whether his appeal was filed in time. As recorded in the docket entry, the district court denied Awalt's motion on February 12, 1982. Pursuant to Rule 4(b), Awalt had ten days from that date within which to file his notice of appeal. Awalt filed his notice of appeal on April 9...

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