Wolcher

Wolcher v. United States

Good Law
213 F.2d 539·1954 U.S. App. LEXIS 3537
United States Court of Appeals for the Ninth CircuitMay 14, 195414109_1California592 words

Opinion

Opinion

Denman, J.

The United States on affidavit of its attorney, who tried the case below and was assigned by it to prepare its answering brief in this.,criminal appeal due for filing on April 11, 1954’^as granted on April 19, 1954, a thirty-day extension of time to May 11, 1954, to file it. This was granted on the reasonable ground that such attorney prior to receiving appellant’s brief was assigned by the' United States to prepare for. a trial in the United States District Court in its case against’ one Kremer: That' case tiegan on April 11 and its attorney was then so occupied, which triai- it Was estimated in the affidavit would consume two weeks’ time from April 19 or until May 3 — eight days before the extended time-to prepare and file its, brief.

The United States' now seeks a further '30-day extension of time to June 11, 1954, on two affidavits of the same attorney. 'Our practice in this regard is that of the Supreme Court. Rule 8(2). The instant ■ Wolcher appeal is a criminal case which, under our practice, has a preferred' position in its hearing.

Thé United 'States concluded the Kre-mer case on April 26 — that is, in but seven days instead of tWo weeks’ time, thus enabling the…

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