United States v. Glenn M. Wade

Wade appeals pro se his conviction on three counts of willful failure to file income tax returns in violation of 26 U.S.C. § 7203 . Wade filed his notice of appeal on April 13, 1987 — after the jury verdict (4/3/87), but before entry of the final judgment and sentence (5/7/87). No new notice was filed after sentencing. The government challenges Wade’s appeal as untimely under Fed.R.App.P. 4(b).

Rule 4(b) requires that “[i]n a criminal case the notice of appeal by a defendant shall be filed in the district court within 10 days after the entry of the judgment or order appealed from.” Final judgment in a criminal case means the sentence. Berman v. United States, 302 U.S. 211, 212-213 , 58 S.Ct. 164, 165-166 , 82 L.Ed. 204 (1937). Although Wade’s notice of appeal was premature, we agree with the Third, Seventh, and Eleventh Circuits that a notice of appeal filed after a verdict but before sentencing ripens into an appealable order when the judgment of sentence is entered. United States v. Hashazen, 816 F.2d 899 (3rd Cir.1987) (en banc); United States v. Curry, 760 F.2d 1079 (11th Cir.1985); United States v. Moore, 616 F.2d 1030 (7th Cir.1980). Following these circuits, we hold that…