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2d 317
Unpublished Disposition
Thomas M. Vetere, Jr., a federal prisoner, appeals the district court's denial of
his Fed.R.Crim.P. 35(b) motions in two cases which have been consolidated on
appeal.
Vetere's first Rule 35 motion was denied on July 12, 1988. His notice of appeal
is undated. It was filed in the district court on July 28, 1988, six days after the
expiration of the 10-day appeal period established by Fed.R.App.P. 4(b).*
Vetere subsequently asked the court to accept his untimely notice of appeal,
and the district court granted him an extension of time to appeal. Vetere's
second Rule 35 motion was denied on August 19, 1988, and his notice of
appeal was delivered to prison authorities on September 2, 1988, outside the 10day appeal period but within the 30-day period for obtaining an extension of
time to appeal. The district court granted his request for an extension of time to
appeal in an order entered February 15, 1989. We therefore consider both
appeals on the merits.
3
In short, our examination of the record indicates that the district court did not
abuse its discretion in denying the motions in these cases. Accordingly, we
affirm the district court's orders denying relief under Rule 35(b).
We dispense with oral argument because the facts and legal arguments are
adequately presented in the materials before the Court and oral argument would
not significantly aid the decisional process.
Although the envelope in which the notice of appeal was mailed was stamped
"July 25, 1988," there is no indication that Vetere actually gave the notice of
appeal to prison authorities on that day