Durham v. United States
401 U.S. 481 (1971)

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U.S. Supreme Court

Durham v. United States, 401 U.S. 481 (1971)

Durham v. United States

No. 5928

Decided March 8, 1971

401 U.S. 481

ON PETITION FOR CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE NINTH CIRCUIT

PER CURIAM.

Petitioner was convicted of having knowingly possessed a counterfeit $20 bill. After the Court of Appeals for the Ninth Circuit affirmed his conviction, he filed this petition for a writ of certiorari. We are now advised that petitioner has died.

It is true that the petition for certiorari is out of time under our Rule 22(2), though timeliness under our rules, of course, presents no jurisdictional question. Subsequent to the affirmance of his conviction below, petitioner filed a timely petition for rehearing. Upon his inquiry to the Court of Appeals, he was informed that he would be notified as to the disposition of his petition as soon as the court acted. When several months passed without any word, petitioner again wrote to that court. In reply, on September 8, 1970, he received a copy of the

Page 401 U. S. 482

order dated March 5, 1970, denying his petition for rehearing. Within three weeks from receipt of the denial from the Court of Appeals, his petition for a writ of certiorari was docketed in this Court. On these facts, waiver of our Rule 22 is proper.

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