Is Smith's notice of appeal timely because it was filed after the court entered judgment?

MultiRegion, United States of America

The following excerpt is from U.S. v. Smith, 330 F.3d 1209 (9th Cir. 2003):

Smith filed his notice of appeal after the district court announced sentence but before entry of judgment. In this circumstance, the notice of appeal is timely because it is deemed filed on the date the court entered judgment. See United

Page 1212

States v. Aguirre, 214 F.3d 1122, 1124 n. 1 (9th Cir.2000).

Other Questions


Can a state prisoner seek review of an adverse lower court decision by filing a notice of appeal instead of filing a petition to the Court of Appeal? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
How do courts determine whether a prisoner's notice of appeal was timely filed on the date it was delivered to prison staff for delivery to the court? (MultiRegion, United States of America)
What is the relevant jurisdiction for a motion of appeal against a judgment of conviction for sexual assault against a defendant who filed his notice of appeal pro se? (MultiRegion, United States of America)
How have the courts dealt with the timely filing of a notice of appeal? (MultiRegion, United States of America)
Is a pro se prisoner's court filing deemed filed at the time he delivers it to the prison authorities for forwarding to the court clerk? (MultiRegion, United States of America)
Is a pro se prisoner's court filing deemed filed at the time they are delivered to the prison authorities for forwarding to the court clerk? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
How have courts dealt with the issue of attorney failure to file a timely notice of appeal? (MultiRegion, United States of America)
When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.