Free USCA Case Number - District Court of Colorado - Colorado

Case 1:00-cr-00149-LTB

Document 122

Filed 11/28/2007

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UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT OFFICE OF THE CLERK
Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80257 (303) 844-3157 Elisabeth A. Shumaker Clerk of Court

November 28, 2007

Douglas E. Cressler Chief Deputy Clerk

Mr. Robert William Pepin Office Of The Federal Public Defender 633 Seventeenth Street 1000 Denver, CO 80202 RE: 07-1499, United States v. Tapia Dist/Ag docket: [1:00-cr-00149-LTB-1]

Dear Counsel: This appeal was docketed today. For your convenience, copies of the Tenth Circuit Rules, effective January 1, 2007, and the Federal Rules of Appellate Procedure, effective December 1, 2006, are available on the court's website at . Effective September 4, 2007, counsel must also comply with the court's new General Order, which takes effect that day. You may find the order on the court's website. You may also obtain a copy of the rules by calling this office. We invite you to contact us with any questions you may have about our operating procedures. Please note that all court forms are now available on the court's web site. Outlined below are some of the requirements for prosecuting this appeal. An attorney who files a notice of appeal has entered an appearance and may not withdraw without the court's permission. In direct criminal appeals, trial counsel is responsible for continuing representation whether or not counsel actually signed the notice of appeal. See 10th Cir. R. 46.3(A). Generally, the court will not allow counsel to withdraw until the preliminary prosecution of the appeal has been completed; this includes: ordering necessary transcripts, filing a designation of record, if necessary, and filing a docketing statement. Attorneys for parties must complete and file an entry of appearance form within 10 days from the date of this letter. Pro se parties must complete and file the form within 30 days from the date of this letter. See 10th Cir. R. 46.1. Appellant's failure to enter an appearance may cause the appeal to be dismissed. An appellee who fails to enter an appearance may not receive notice or service of orders.

Case 1:00-cr-00149-LTB

Document 122

Filed 11/28/2007

Page 2 of 2

Because the district court has not yet entered judgment, this appeal is premature. See Fed. R. App. P. 4(a) (2) or 4(b). Further proceedings on appeal are suspended until judgment is entered. The district clerk and the parties must notify this office when judgment is entered. The notice of appeal will be treated as filed after and on the date of entry of judgment in district court. The times for filing that run from the notice of appeal, for example the time for filing the docketing statement or transcript order form, run from the date judgment is entered. Please contact this office if you have questions. Sincerely,

Elisabeth A. Shumaker Clerk of the Court

cc:

James R. Boma David M. Gaouette

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