ZACK v. U.S.

No. 96-2089.

133 F.3d 451 (1998)

William D. ZACK, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1998.


Attorney(s) appearing for the Case

Bruce S. Menken (argued and briefed), Shelly A. Stasson, West Bloomfield, Michigan, William D. Zack, Troy, MI, for Petitioner-Appellant.

Peter A. Caplan (argued), Patricia G. Blake (briefed), Office of the U.S. Attorney, Detroit, Michigan, for Appellee.

Before: KENNEDY, JONES, and CLAY, Circuit Judges.


OPINION

KENNEDY, Circuit Judge.

Petitioner, William D. Zack, appeals the denial of his motion, pursuant to Rule 4(a)(5) of the Federal Rules of Appellate Procedure, to extend the time to file a notice of appeal from a judgment denying a motion to vacate sentence filed under 28 U.S.C. § 2255. The District Court held that Rule 4(a)(6) of the Federal Rules of Appellate Procedure is the sole provision under which a party who has failed to receive prompt...

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