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COREY V. UNITED STATES, 375 U. S. 169 (1963)

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U.S. Supreme Court

Corey v. United States, 375 U.S. 169 (1963)

Corey v. United States

No. 31

Argued October 17, 1963

Decided December 9, 1963

375 U.S. 169


Petitioner was convicted in a Federal District Court of 75 violations of 18 U.S.C. § 287. The Court entered an order under 18 U.S.C. § 4208(b) committing him to the custody of the Attorney General pending receipt of a report from the Bureau of Prisons. More than three months later, after receiving and considering such report, the Court, in the presence of petitioner and his counsel, entered an order suspending imposition of sentence and placing petitioner on probation for two years. Three days later, petitioner filed a notice of appeal. The Court of Appeals dismissed the appeal, on the ground that the time for appeal had expired 10 days after entry of the Trial Court's initial order committing petitioner under § 4208(b).

Held: In cases such as this, an appeal may be taken within the time provided by Federal Rule of Criminal Procedure 37(a)(2) after either the first or the second sentence under 18 U.S.C. § 4208(b), at the option of the convicted defendant. Pp. 375 U. S. 169-176.

307 F.2d 839 reversed.

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