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UNITED STATES v. GIDDINGS

No. 83-3047.

740 F.2d 770 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Larry W.G. GIDDINGS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1984.

Attorney(s) appearing for the Case

Andrew R. Hamilton, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

William Flenniken, San Francisco, Cal., for defendant-appellant.

Before SKOPIL and NELSON, Circuit Judges, and WEIGEL, Senior District Judge.

WEIGEL, Senior District Judge:

Appellant, Larry W.G. Giddings, is a prisoner at Leavenworth, Kansas. He moved pro se in the United States District Court for the Western District of Washington for correction of sentence pursuant to Fed.R.Crim.P. 35(a). The district court denied the motion without comment. Now represented by counsel, Giddings appeals.

Appellee moves to dismiss the appeal because the notice of appeal was not filed within ten days of entry...

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