O'Gwin

Appellant was indicted for using the mails in furtherance of a scheme to defraud, in violation of section 215 of the Criminal Code ( 18 U.S.C.A. § 338 ). He pleaded guilty and was sentenced to pay a fine of $500 and to be imprisoned for one year. Thereafter he filed a motion to set aside or modify the judgment and sentence and a motion for a new trial, both of which were denied. This appeal followed.

Appellee has moved to dismiss the appeal on the ground that it was not taken within the time allowed by the rules of practice and procedure prescribed by the Supreme Court on May 7, 1934, pursuant to the Act of February 24, 1933, c. 119, §§ 1-3, 47 Stat. 904 , as amended by the Act of March 8, 1934, c. 49, 48 Stat. 399 (28 U.S.C.A. § 723a). Rule 2 (28 U.S.C.A. following section 723a) provides:

“(1) Motions after verdict or finding of guilt, or to withdraw a plea of guilty, shall be determined promptly.

“(2) Save as provided in subdivision (3) of this Rule, motions . . . for a new trial, shall be made within three (3) days after verdict or finding of guilt.

“(3) A motion for a new trial solely upon the ground of newly-discovered evidence may be made within sixty (60) days .after…