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

UNITED STATES COURT OF APPEALS P i L E D I
FOR THE NINTH CIRCUIT FEB " 6 2067
- UATHY A. CATTER I
. U. s. COURT 0Fig=n£r§i}[gRs .
UNITED STATES OP AMERICA, ` No. 05-10408
Plaintiff - Appellee, D.C. No. CR-04-00208-FJM .
U District of Arizona, .
v. Phoenix
if U iUi§1:>Ei\21Ermo“Di’{Asoos,coors or Eo·oo ~ rave I I , I - — I -I-- -
ORDER
Defendant - Appellant. U _
I The motion of Neal C. Taylor, Esq., to withdraw as counsel of record under
Anders v. Calgfornio is referred to the panel assigned to hear the merits of this
A appeal.] The panel will conduct an independent review of the record. See Penson
i I v. Ohio, 488 U.S. 75, 80-81 (1988). U
‘ n After it conducts its review, the merits panel will determine whether .
counsel may be allowed to withdraw and whether new counsel will be appointed.
D . See Bensonnt 83., .... . .... ___, _ .__ __ , UUU %___ ____, UU U Uf_U_U _U _
To facilitate such independent review, within 14 days of thc date of this
I order, counsel for appellant shall file copies of the presentence report under seal in I
I Counsel is reminded that our rules require a separate motion to withdraw,
in addition to an opening brief. See 9th Cir. R. 4-1 (c)(6). The motion must aftirm
that after conducting a conscientious, diligent and thorough evaluation ofthe case, I ·
counsel concludes that the appeal is frivolous. See McCoy v. Court of Appeals of
U Wisconsin, 486 U.S. 429, 438-39 (1988). ‘ '
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rr l V ·
n accordance with Ninth Circuit Rule 30-l .10 and shall also tile copies of the 1
· excerpts of record. p .
Appellant may file a pro se supplemental opening brief raising any issues by
March 28, 2007. On or before April 27, 2007, appellee shall file the answering
brief or notify this court that it stands on its letter received on November 2, 2005,
that no answering brief will be filed. See 9th Cir. R. 3 l-2.3 (appellee’s failure to n _
be iilediniiigayhirglt in 0 A _ `—:`i"° lini
the imposition of sanctions). If appellee files the answering brief, the optional
reply brief will be due within 14 days after service of the answering brief. g
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. ll-4.4.
i p The Clerk shall serve a copy of this order on appellant individually to Luis
. Dernetrio Dabros, No. 81926-008, USP-La Tuna FCl, Box 3000, Anthony,
A TX, 8802l, as well as on counsel for appellant. l
www A W N C W wwf if TZ} all EQUZZW" iill `i"“”“` ,
. ?.e6··m.J» ·r-edéae.
A Deborah Teitler
. ‘ Staff Attorney/Deputy Clerk
_ 9th Cir. R. 27-7
_ General Order 6.3(a)
Q
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Case 2:04-cr-00208-FJM

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Case 2:04-cr-00208-FJM

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