Lott v. United States, 367 U.S. 421 (1961)

Lott v. United States

No. 238

Argued April 18, 1961
Decided June 12, 1961
367 U.S. 421

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Having been indicted jointly with two other defendants in a Federal District Court for willfully attempting and conspiring to evade the federal income taxes of their corporate employer, petitioners entered pleas of nolo contendere. The Court accepted their pleas, but postponed pronouncement of judgment pending conclusion of the jury trial of the other two defendants. After conclusion of that trial about three months later, the Court orally pronounced its judgment convicting petitioners and sentencing them to imprisonment. A formal judgment was signed and filed with the clerk three days later. The next day, petitioners filed separate motions in arrest of judgment, which were denied 20 days later. Two days after such denial, petitioners filed notices of appeal.

Held: the appeals were not untimely under Rule 37(a)(2) of the Federal Rules of Criminal Procedure -- regardless of whether that Rule is modified by Rule 34 -- since it was the judgment of conviction and sentence, not the pleas of nolo contendere and their acceptance, that constituted the "determination of guilt" within the meaning of Rule 34, such motions were made within 5 days after that determination, as required by Rule 34, and the notices of appeal were filed within 10 days after denial of such motions, as required by Rule 37(a)(2). Pp. 422-427.

280 F. 2d 24, reversed and cause remanded.