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U.S. v. GUY

No. 97-3645.

140 F.3d 735 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin L. GUY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 1998.

Attorney(s) appearing for the Case

Susan H, Dowd (submitted on briefs), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

Steven J. Riggs, Indiana Federal Community Defenders, Inc., for Defendant-Appellant.

Before POSNER, Chief Judge, and CUMMINGS and EASTERBROOK, Circuit Judges.

POSNER, Chief Judge.

After we informed the lawyer for the appellant in this criminal appeal that he had filed the notice of appeal two days late, he moved the district court under Fed. R.App. P. 4(b) to extend the period for appealing on the basis of "excusable neglect," as the rule permits. His only excuse is that he relied on Fed.R.Crim.P. 45(a), which allows the exclusion of Saturdays, Sundays, and legal holidays in determining the time of filing when the deadline...

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