Free Motion Hearing - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CRIMINAL MINUTES/ MOTION HEARING

Phoenix Division CR / 04/ 877-01-PHX-FJM Year Case No. Dft # HON: FREDERICK J. MARTONE USA v. DATE: 7/13/2005

Judge # 7028

Salgado-Perez, Alejandro - telephonically Last Name First Name Middle Initial DEFENDANT: X Present Not Present

Released

X Custody (CCA)

Writ

Deputy Clerk: Joella Baldwin Court Reporter: Linda Schroeder-Willis U.S Atty: John Tuchi for Michael Somsan Dft counsel: Atmore Baggot AFPD X Appt'd Retained

Language: SPANISH Interpreter: Lita Van Duzer ============================================================================= This is the time set for hearing re defendant's opportunity to make a showing of excusable neglect, granted by the Court on 6/21/05 [doc. 24]. The Court has received and reviewed Notice of Appeal [doc. 17], Copy of 9th Circuit Order [doc. 20], and Motion for Rejoiner in Response to Order [doc. 25]. Based on the statements presented to the Court, THE COURT FINDS that there is no evidence to support a finding that there is any excusable neglect for failing to file a notice of appeal within ten days of the entry of judgment. In this case, the defendant was advised that he had waived his right to appeal at sentencing and that in the event that he disagreed with the Court on the propriety of the waiver, he had ten days within which to file a notice of appeal. The defendant knew that he had ten days within which to file a notice of appeal and did not file one. The law does not give the defendant an opportunity to gather records from his lawyer and personally and independently examine and scrutinize those records to see whether he is satisfied or whether or not he disagrees with his lawyer or whether or not either the waiver of the right to appeal was valid or whether there is any meritorious basis to appeal; therefore, IT IS ORDERED denying defendant's Motion for Extension of Time to File Notice of Appeal [doc. 23] and the Court's oral findings shall satisfy the 9th Circuit Court's Order.

Case 2:04-cr-00877-FJM

Document 26

Filed 07/13/2005

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