United States Seventh Circuit

On an appeal from a conviction for distributing cocaine, denial of defendant's motion to reinstate an appeal is reversed and remanded where defendant's motion to reinstate was filed within the time to seek a rehearing and the district court incorrectly believed that the issuance of a mandate after the clerk dismissed the appeal, as requested by defendant's counsel, prevented him from seeking reconsideration.

Appellate Information

• Argued 05/13/2008
• Decided 05/29/2008
• Published 05/29/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and KANNE and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michael C. McCutcheon (argued), Baker & McKenzie, Chicago, IL, for Petitioner-Appellant.


• For Appellees:
  
• Michael C. Carr (argued), Office of the United States Attorney, Benton, IL, for Respondent-Appellee.