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

I
_ p UNITED STATES COURT OF APPEALS
FOR TI-IE NINTH CIRCUIT F I L E D
JAN 20 ZUUB
_ CATHY .
UNITED STATES OF AMERICA, N0- 05 10520 us. g¤iigllg§i%l§&gR“
Plaintiff —- Appellee, D.C. No. CR—03—(l042l-SMM
District of Arizona,
U v. Phoenix
SHAYNE KEDEKEIN, I
ORDER
Defendant — Appellant.
The motion of Donald W. MacPherson, Esq., to withdraw as counsel of
record under Anders v. Calnornia, 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 withdraw and whether new counsel will be appointed. See id. at 83.'
Appellant’s request for an extension of time to file a pro se supplemental
brief is granted. Appellant may file a pro se supplemental opening brief raising
lCounsel 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 counsel conducted a conscientious, diligent and thorough
evaluation of the case, before concluding that the appeal is frivolous. See McCoy
v. Court ofrippeals of Wisconsin, 486 U.S. 429, 430, 438—39 (1988).
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H _ any issues by February 28, 2006. On or before March 30, 2006, appellee shall file
the answering brief or notify this court by letter that it rests on its letter received
on December 2, 2005, that no answering brief will be filed. See 9th Cir. R. 3l-2.3.
lf appellee files the answering brief, the optional reply brief will be due within 14
days after service of the answering brief.
~ . . . .-T.he 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.
The Clerk shall serve a copy of this order on counsel and on the appellant
individually, at Reg. #80644-008, FCI Safford, P.O. Box 9000, Safford, AZ
85548.
For the Court
Elizabeth N. Gazay j
Staff Attorney/Deputy Clerk
9th Cir. R. 27—7 4
General Order 6.3(a)
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