Rules 4(b)(1)(A) and 4(b)(4) of Federal Rules of Appellate Procedure are nonjurisdictional
APPEAL/JURISDICTION United States v. Garduno, No. 06-2317, ___ F.3d ___ (10th Cir. Nov. 6, 2007)(New Mexico). Appeal of district court’s denial of defendant’s motion to withdraw guilty plea. HELD: Because Rules 4(b)(1)(A) and 4(b)(4) of the Federal Rules of Appellate Procedure are not derived from any statutory source, they are nonjurisdictional claim-processing rules. Nevertheless, defendant’s failure to file notice of appeal within ten days as required by rules requires dismissal of appeal where Government raises objection to defendant’s failure to comply and defendant does not qualify for unique circumstances exception. Read the opinion here. |
Comments on "Rules 4(b)(1)(A) and 4(b)(4) of Federal Rules of Appellate Procedure are nonjurisdictional"