William O. Douglas

“ Petitioner swears he did not know that he had only 10 days to appeal. Petitioner's lawyers swear, 'We were present at the time that sentence was imposed. Immediately after sentence was imposed, John Hodges was removed from the courtroom by the U.S. Marshal and we did not have an opportunity to talk to him.' They also state that they advised petitioner's wife that she should have him prosecute an appeal. Petitioner says that when his wife mentioned an appeal, the 10-day period had passed. No one gave petitioner timely notice of his right to appeal. ”

“ Indeed, in Robinson the Court recognized that relief was, or should be, available under § 2255 in cases such as the one now before us:
'The allowance of an appeal months or years after expiration of the prescribed time seems unnecessary for the accomplishment of substantial justice, for there are a number of collateral remedies available to redress denial of basic rights. Examples are: The power of a District Court under Rule 35 to correct an illegal sentence at any time, and to reduce a sentence within 60 days after the judgment of conviction becomes final ”