United States Ex Rel. Coy v. United States, 316 U.S. 342 (1942)

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United States ex rel. Coy v. United States

No. 973

Argued May 4, 5, 1942
Decided May 25, 1942
316 U.S. 342

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. Where a judgment of the Circuit Court of Appeals affirms an order of the District Court denying for want of jurisdiction a motion to correct a sentence made by the convict after expiration of the term in which the sentence was imposed, the time allowed for petition to this Court for a writ of certiorari is governed by Rule XI of the Rules in Criminal Cases, and is 30 days after the entry of the judgment of the Circuit Court of Appeals. P. 344.

2. The failure of the Rules in Criminal Cases to fix the time allowed for appealing such an order of the District Court to the Circuit Court of Appeals is a casus omissus which left in full force § 8(c) of the Judiciary Act of February 13, 1925, requiring application for the allowance of appeals to the Circuit Court of Appeals to be made within three months after the entry of the order appealed from. P. 345.

124 F.2d 1019 dismissed.

Certiorari, post, p. 652, to review a judgment affirming an order of the District Court, 38 F.Supp. 610, dismissing a motion to correct a sentence out of term for want of jurisdiction.