Collier v. United States,
384 U.S. 59 (1966)

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U.S. Supreme Court

Collier v. United States, 384 U.S. 59 (1966)

Collier v. United States

No. 695

Argued March 24, 1966

Decided April 19, 1966

384 U.S. 59


Nine days after petitioner was found guilty by a jury and a formal judgment was entered against him, his counsel filed a new trial motion based on alleged trial errors. The District Court denied the motion, which was untimely under Fed.Rule Crim.Proc. 33. Seven days thereafter and 19 days after judgment, counsel filed a notice of appeal from the conviction. The Court of Appeals dismissed the appeal as untimely under Rule 37(1)(2), which provides that an appeal may be taken

"within 10 days after entry of the judgment or order appealed from, but if a motion for a new trial or in arrest of judgment has been made, within the 10-day period an appeal from a judgment of conviction may be taken within 10 days after entry of the order denying the motion."

Held: the time within which to take an appeal under Red.Rule Crim.Proc. 37(a)(2) is enlarged by a motion for a new trial which is filed within the 10-day period provided therein, albeit not timely under Rule 33.

Reversed and remanded.

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