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

" UNITED STATES COURT OF APPEALS ( F I L E D
I FOR THE NINTH CIRCUIT OCT 2 7 mus
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UNITED STATES OF AMERICA, No. 04-10464
Plaintiff—Appellee, D.C. No. CR-03-00917-PGR
_ District of Arizona
v. (Phoenix)
PHILLIP JAMES CI-HLLEMI, _ t
_ ORDER
Defendant-Appellant.
UNITED STATES OF AMERICA, No. 04-10465
Plaintiff-Appellee, · D.C. No. CR-97-00199-PGR
District of Arizona
v. (Phoenix) -
PHILLIP JAMES CHILLEMI,
Defendant-Appellant. l i
. The motion of Gail Gianasi Natale, Esq., to withdraw as counsel of record l g
in ease no. 04-10465 under Anders v. California, 386 U.S. 738 (1967), is referred
to the panel assigned to hear the merits of this appeal} The panel will conduct an
' Counsel is reminded that a separate motion requesting permission to
withdraw as counsel of record is required. See 9th Cir. R. 4-l(c)(6). The motion
must affirm that after conducting a conscientious, diligent and thorough evaluation
of the case, counsel concludes that the appeal is frivolous. See McCoy v. Court of
· (continued,.)
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* 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 withdraw and whether new counsel will be appointed. See id. at 83.
To facilitate such review, within 14 days of the date of this order, counsel
shall file five copies of a supplemental eicerpt of record for case no. 04-10465
containing copies of the complete transcript hearings for the following dates:
October 15, 2003; December 2, 2003; June.28,;2004; July 7, 2004; and August 16,
2004. See 9th Cir. R. 30-1. Counsel shall also file four copies of the presentence Y
report under seal in accordance with =Ninth Circuit Rule 30-1.9. *
In case no. 04-10465, appellant rnayffile epro se supplemental opening brief
raising any issues by December 7, 2005. In case nos.`04·l0464 and 04-10465, on
or before January 6, 2006, appellee shall file its joint answering brief or notity this
court by letter that no answering brief will be filed in case no. 04-10465. See 9th
Cir. R. 31-2.3. Appellee’s failure to` file the answering brief in case no. 04-10465,
or notify the court that no brief will be filed in case no. 04-10465 may result in the 7
imposition of sanctions. nlf appellee files the answering brief] the optional reply
brief will be due within l4gdays after service of the answeringbrief.
’(...continued) _ , - - ~ _
Appeals of Wsconsin, 486 U.S. 429,. 430, 438-39 (1988). r _ _
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The clerk of the district court shall forward to this court the c1erk’s record
within 10 days of receipt of this order. See 9th Cir. R. ll-4.4.
The Clerk shall serve a copy of this order on appellant individually at
Phillip James Chillemi, # 207274, Weber County Correctional Facility, P.O. Box
14000, Ogden, Utah 84412, as well as counsel for appellant.
A » _ it _ _ For the Court ‘ ` ` e
Christine Allen
Staff Attorney/Deputy Clerk
9th Cir. R. 27-7
. General Order 6.3(a)
3
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