Henry E. Pratti v. United States

The district court denied the motion of Henry E. Pratti to appeal in forma pauperis from a judgment of conviction and sentence for violation of federal narcotic laws. Pratti has renewed the motion in this court.

The motion to appeal in forma pau-peris is granted.

The district court denied the motion of Pratti for bail pending appeal. Pratti has renewed the motion in this court.

On May 27, 1965, the district court denied the motion for bail on the ground that the district court had no jurisdiction since no appeal was then pending. This was a correct determination as of that time since the district court had previously denied Pratti’s motion to proceed in forma pauperis and while Pratti had renewed that motion in this court, we had not yet acted upon it. This jurisdictional impediment has been removed today by entry of the order of this court granting the motion to appeal in forma pauperis.

The United States, however, opposes the motion for bail pending appeal on the ground that Pratti did not file a timely notice of appeal and, for that reason, has no appeal pending.

Examination of the district court file indicates that the judgment and sentence were entered on January 7,…