Chester Banks v. United States

In a four count indictment, Chester Banks was charged with violations of narcotics laws, in particular 26 U.S.C.A. § 2554 (a) and 21 U.S.C.A. § 174 . The trial jury, on April 28, 1954, returned a verdict of guilty on all four counts. The order of judgment and sentence was filed on June 4, 1954, and was entered on the criminal docket June 5, 1954.

Banks’ notice of appeal was served on Government counsel on June 7, 1954. However, it was not filed with the clerk of the district court until September 2, 1954. This delay in filing the notice of appeal in the district court was due to the fact that Banks did not pay the required filing fee until that date. His attorney at the time of trial and the clerk of the district court informed Banks of the necessity of paying the fee. The trial judge, in an order filed October 27,1954, expressly stated that the delay in filing notice of appeal was not due to any neglect by his attorney at the time.

Federal Rules of Criminal Procedure, Rule 37(a) (1), 18 U.S.C.A. provides that “An appeal permitted by law from a district court to the Supreme Court or to a court of appeals is taken by filing with the clerk of the district court a notice of appeal…