Free Order of 9th Circuit - District Court of Arizona - Arizona

it
» UNITED STATES COURT OF APPEALS F I L E
FOR THE NINTH CIRCUIT AUG. I 1 2005 D
cAT .
UNITED STATES OF AMERICA, No. 05-10076 dg 303apg§%%r;bg{.gRK
Plaintiff- Appellee, D.C. No. CR-04-00924-l-JAT
Arizona (Phoenix) _
v.
FILEMON ROJO-GALEANA, ORDER
Defendant - Appellant.
The motion of Michele R. Moretti, Esq., to withdraw as counsel of record
under Anders v. Calyforrzia, 386 U.S. 738 (1967), is referred to the panel assigned
to hear the merits of this appeal. The panel will conduct an independent review of
the record. See Penson v. Ohio, 488 U.S. 75, 82-83 (1988). After it conducts its
review, the merits panel will determine whether counsel may be allowed to
C withdraw and whether new counsel will be appointed. See id. at 83.
Appellant may file a pro se supplemental opening brief raising any issues by
September 15, 2005. On or before October 17, 2005, appellee shall tile the
answering brief or notify this court by letter that it rests on its letter received on
July 28, 2005, stating that no answering brief will be filed. See 9th Cir. R. 31-2.3.
(appe1lee’s failure to tile the answering brief or notify the court that no brief will
be filed may result in the imposition of sanctions). If appellee tiles the answering
Case 2:04-cr-00924-JAT Document 30 Filed 08/17/2005 Page 1 of 3

‘
‘ brief, the optional reply brief will be due within 14 days after service of the
answering brief
Counsel is reminded that a motion to withdraw as counsel of record and a
brief filed pursuant to Anders must be accompanied by proof that counsel has
served the motion and brief on appellant. See 9th Cir. R. 4-l(c)(6). Therefore,
within 10 days of the filing date of this order, counsel shall provide appellant with
an a copy of all filings in this case, and tile proof of such service with this court
showing appellant’s registration number and address. Failure to comply with this
order may result in the imposition of sanctions on appellant’s counsel. See 9th
Cir. R. 46—2.
The clerk of the district court shall forward to this Court the clerk’s record
within 10 days of receipt of this order. See 9th Cir. R. 1 1-4.4;
Counse1’s motion to allow a late filing of an opening brief is granted, and
` the Clerk is instructed to fileithe opening brief received on July 22, 2005.
` " The Clerk shall servea copyof this order on counsel and on tfheappellant
individually, Filemon Rojo—Galeana, Reg. #63919-208, Califomia City
Correctional Institute, P.O. Box 3001-0001, California City, CA 93504.
_ For the Court
2
Case 2:04-or-00924-JAT Document 30 Filed 08/17/2005 Page 2 of 3 l

A
Elizabeth N. Gaz
Staff Attorney/Deputy Cler
9th Cir. R. 27-7
General Order 6.3(a)
3
Case 2:04-cr—00924-JAT Document 30 Filed 08/17/2005 Page 3 of 3

Case 2:04-cr-00924-JAT

Document 30

Filed 08/17/2005

Page 1 of 3

Case 2:04-cr-00924-JAT

Document 30

Filed 08/17/2005

Page 2 of 3

Case 2:04-cr-00924-JAT

Document 30

Filed 08/17/2005

Page 3 of 3