Free Order - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT
7 ° FOR THE DISTRICT OF ARIZONA
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9 United States of America, CR 04-809-1 PHX NVW
10 Plaintiff, § ORDER
1 1 vs. E
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Andrew Taylor,
1 3 Defendant. 5
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16 The court has received a letter from the defendant dated February 2, 2006, but not
17 received by the court until March 2, 2006, asking for new appellate counsel and to stay the
18 March 7, 2006 date for defendant's self-surrender to the Bureau of Prisons. The letter,
19 attached to this order, does not contain any certification that copies were sent to the
20 govemment's attorney or the defendant's own attorney, Mr. Morgan.
21 The Defendant's Notice of Appeal (doc. #1 15) was filed on December 16, 2005.
22 Therefore, this court lacks jurisdiction to discharge Mr. Morgan as defendant's appellate `
1 23 counsel. The defendant may re-urge his motion before the United States Court of Appeals
1 24 for the Ninth Circuit. I
25 At the restitution hearing on January 31, 2006, the court denied defendant's
26 Motion for Release Conditions Pending Appeal but extended the defendant's self-surrender
27 date to March 7, 2006. As for his request to stay the March 7, 2006 self-surrender date, the
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ase 2:O4—cr—OO809—NVW Document 134 Filed O3/06/2006 Page 1 of 2

1 defendant gives no substantial reason to stay the self-surrender date, and the request must be
2 submitted by counsel of record in any event.
3 IT IS THEREFORE ORDERED that defendants letter, attached to this order, is
4 stricken, without prejudice to tiling any proper motion in the proper court.
5 Dated this 3'd day of March 2006.
6 M4 M QQ
] 7 W
Neil . Wake
8 United States District Judge
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ase 2:O4—cr—OO809—NVW Document 134 Filed O3/06/2006 Page 2 of 2

Case 2:04-cr-00809-NVW

Document 134

Filed 03/06/2006

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Case 2:04-cr-00809-NVW

Document 134

Filed 03/06/2006

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