Key legal question
Whether the federal criminal appeal was admissible despite the missing attached contested decision and failure to comply with the cure order.
Extracted holding
The appeal was not admissible because the appellant did not submit the contested decision after being ordered to do so within the set deadline.
Extracted reasoning
Under Art. 42 para. 3 and 5 BGG, the challenged decision must be attached; if the defect is not cured after a deadline with warning, the appeal is not entered into under Art. 108 BGG. The Court held that the postal delivery of the cure order was deemed effected when the notice entered the addressee's sphere of control and was not collected.