Civil Procedure · MBE-tested
UNITED STATES of America, Appellee, v. Herbert D. NEFF, Appellant
521 F.2d 584·United States Court of Appeals for the Eighth Circuit·1975
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Opinion
UNITED STATES of America, Appellee, v. Herbert D. NEFF, Appellant.
No. 75-1292.
United States Court of Appeals, Eighth Circuit.
Submitted Aug. 22, 1975.
Decided Sept. 4, 1975.
Herbert D. Neff, pro se.
Donald J. Stohr, U. S. Atty., and John Birkby, Sp. Atty., St. Louis, Mo., for ap-pellee.
Before HEANEY, BRIGHT and ROSS, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
The appeal of Herbert D. Neff is dismissed for his failure to file a timely notice of appeal. See Fed.R.Crim.P. 49(c). United States of America v. James Howard Ayers, No. 75-1462 (8th Cir. August 4, 1975).
Notwithstanding our lack of jurisdiction, we are satisfied that the sentence, which we are asked to set aside as being excessive, is within the statutory limits and is not otherwise shown to be arbitrary.