United States v. Roy Francis Curry, 760 F.2d 1079 (11th Cir. 1985). · Go Syfert
Search
United States v. Roy Francis Curry, 760 F.2d 1079 (11th Cir. 1985). Cases Citing This Book View Copy Cite
32 citation events (18 in the last 25 years) across 8 distinct courts.
Strongest positive: United States v. Jutaurio Clemons, No. 26-10163 (11th Cir. Apr. 6, 2026)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
How cited ↗
Cited for
At page 1079 Determining final judgment and appeal timing in criminal cases16 citing casesIn a criminal case the final judgment means the sentence.6 citing courts put it this way · passage not found verbatim in the opinion (93%)
  • United States v. Jutaurio Clemons, No. 26-10163 (11th Cir. Apr. 6, 2026).unpublished
    (In a criminal case[,] the final judgment [is] the sentence.)
  • United States v. Katrina Brown, No. 24-13708 (11th Cir. Mar. 20, 2025).unpublished
    (In a criminal case[,] the final judgment [is] the sentence.)
  • United States v. Reginald Brown, No. 24-13677 (11th Cir. Mar. 12, 2025).unpublished
    (In a criminal case[,] the final judgment [is] the sentence.)
  • United States v. Kelvin Laron Howard, No. 23-13505 (11th Cir. Dec. 7, 2023).unpublished
    (In a criminal case the final judgment means the sentence.)
  • United States v. Keeo Miller, No. 23-11743 (11th Cir. July 24, 2023).unpublished
    (In a criminal case the final judgment means the sentence. The sentence is the judgment.)
  • United States v. Alexander McAfee, No. 26-12804 (11th Cir. Sept. 14, 2026).unpublished
    (explaining that, in a criminal case, the sentence is the final judgment)
  • United States v. Marquett James, No. 25-12965 (11th Cir. May 11, 2026).unpublished
    See 28 U.S.C. § 1291 ; United States v. Curry, 760 F.2d 1079, 1079 (11th Cir. 1985); United States v. Shalhoub, 855 F.3d 1255, 1260 (11th Cir. 2017).
  • United States v. Nicholas Craig Woozencroft, No. 23-13617 (11th Cir. Mar. 12, 2025).unpublished
    The sentence is the judgment.” United States v. Curry, 760 F.2d 1079, 1079 (11th Cir. 1985) (per curiam) (citing Berman v. United States, 302 U.S. 211 , 212-13 (1937)). 3 In Wilson, the defendant was convicted on six counts, but the distri…
  • United States v. Pierre C. Marc, No. 23-13955 (11th Cir. Jan. 31, 2024).unpublished 2 cites
    The sentence is the judgment.” United States v. Curry, 760 F.2d 1079, 1079 (11th Cir. 1985); see also Berman v. United States, 302 U.S. 211, 212-13 (1937).
  • United States v. Roger Amado Garcia, No. 18-14123 (11th Cir. May 3, 2019).unpublished
    United States v. Curry, 760 F.2d 1079, 1079 (11th Cir. 1985).
Show 6 more citing cases
  • United States v. James Cronan, 937 F.2d 163 (5th Cir. 1991).published
    See United States v. Walker, 915 F.2d 1463, 1465 (10th Cir.1990); United States v. Wade, 841 F.2d 331, 332 (9th Cir.1988) (per curiam) (citing Lemke v. United States, 346 U.S. 325 , 74 S.Ct. 1 , 98 L.Ed. 3 (1953)); United States v. Hashage…
  • United States v. Tyquavious Jaquan Landrum, No. 24-13964 (11th Cir. May 21, 2025).unpublished
    See United States v. Curry, 760 F.2d 1079, 1079-80 (11th Cir. 1985).
  • United States v. Daniel Lafitte Dumonde, 190 F. App'x 788 (11th Cir. 2006).unpublished
    See United States v. Curry, 760 F.2d 1079, 1079-80 (11th Cir. 1985) (per curiam) (holding that a premature notice of appeal made before judgment and conviction are entered is effective to perfect an appeal as of the date the sentence was e…
  • United States v. Michael Kapelushnik, 306 F.3d 1090 (11th Cir. 2002).published
    (holding that, where defendant filed notice of appeal after verdict but before sentencing, “premature notice of appeal is effective to perfect an appeal as of the date the sentence is entered as the judgment.)
  • United States v. Jimmy Lee Williams, United States of Am. v. Jimmy Lee Williams, 81 F.3d 1321 (4th Cir. 1996).published
    See United States v. Winn, 948 F.2d 145, 152-56 (5th Cir.1991); United States v. Cortes, 895 F.2d 1245, 1247 (9th Cir.1990); United States v. Walker, 915 F.2d 1463, 1465 (10th Cir.1990); United States v. Hashagen, 816 F.2d 899, 905-06 (3d…
  • United States v. Thomas Howard Garrison, 963 F.2d 1462 (11th Cir. 1992).published 2 cites
    See United States v. Curry, 760 F.2d 1079, 1080 (11th Cir.1985) (noting differences between 4(a)(1) and 4(b)).
At page 1080 Analyzing premature notice of appeal under rule 46 citing casespremature notice of appeal following jury verdict in criminal case was effective to perfect appeal as of date when defendant was sentenced1 citing court put it this way · 5 listed here
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Roy Francis CURRY and Kenneth Herbert Caiata, Defendants-Appellants
84-5953.
Court of Appeals for the Eleventh Circuit.
Apr 29, 1985.
Published opinion
760 F.2d 1079
1985 U.S. App. LEXIS 29998
Vincent P. McGhee, McGhee & Sharpe, Miami, Fla., for Curry., Bronis & Pórtela, P.A., Stephen J. Bronis, Miami, Fla., for Caiata., Stanley Marcus, U.S. Atty., Miami, Fla., for United States.
Godbold, Kravitch, Hatchett.
Cited by 22 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #29,044 of 633,719
Citer courts: Eleventh Circuit (4)
PER CURIAM:

Appellant Curry filed a notice of appeal following a jury verdict of guilty but prior to sentencing and before judgment and conviction were entered. No new notice of appeal was filed after sentencing. The court has raised of its own motion the question of whether it has jurisdiction of Curry’s appeal.

In a criminal case the notice of appeal is to be filed in district court within ten days after the entry of the judgment or order appealed from. Rule 4(b) FRAP. In a criminal case the final judgment means the sentence. The sentence is the judgment. Berman v. U.S., 302 U.S. 211, 212-213, 58 S.Ct. 164, 165-66, 82 L.Ed. 204 (1937). We agree with the Seventh Circuit decision in U.S. v. Moore, 616 F.2d 1030 (1980) that in circumstances like those before us the premature notice of appeal is effective to perfect an appeal as of the date[*1080] the sentence is entered as the judgment. The Seventh Circuit relied upon the fact that the premature notice of appeal gave full notice of the sentence and judgment that the defendant wanted to challenge. It therefore concluded that the premature notice was a mere irregularity governed by Rule 52(a): “Any error, defect or irregularity or variance which does not affect substantial rights shall be disregarded.” The court’s conclusion was buttressed by the 1979 amendment to Rule 4 FRAP. Rule 4(a) was amended to provide that a notice of appeal in a civil case, filed before the disposition of a post-trial motion, shall have no effect. No similar change was made in paragraph (b), covering appeals in criminal cases.

The Seventh Circuit distinguished U.S. v. Mathews, 462 F.2d 182 (3d Cir. 1972), in which after verdict and before sentencing the defendant filed a motion for a new trial. While the motion was pending he filed a notice of appeal from the judgment of conviction entered March 9, 1979 [the date of the verdict], from an order entered the same day denying post-trial motions, and from the sentence to be imposed on April 16, 1979 [the date set for sentencing]. While it did not so state specifically the Seventh Circuit implied that this three-part notice did not give accurate notice of exactly what it was the defendant was seeking to appeal from. Moreover, Mathews was decided before the 1979 amendment to Rule 4, and Moore after the amendment. [1]

We hold that, in the circumstance of the present case, we have jurisdiction of Curry’s appeal.

1

. Also, while the Third Circuit held in Mathews that it had no jurisdiction it proceeded to examine all of appellant's contentions advanced in brief and oral argument and found them to be without merit.