US v. Pena
| RICARDO ENCARNACION |
| UNITED STATES |
| JUAN PENA, a/k/a JJ |
| 19-1522 |
| May 29, 2019 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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This docket was last retrieved on February 16, 2022. A more recent docket listing may be available from PACER.
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CORRECTED ORDER* entered: Counsel for defendant-appellant, who was appointed pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, filed a motion for leave to withdraw. Counsel has concluded that filing a petition for a writ of certiorari in this case would be frivolous. Counsel has certified that he has advised defendant-appellant of this conclusion and that he has further advised defendant of the time in which he must apply for a writ if defendant elects to take such action. See 1st Cir. R. 46.5(c). Counsel's February 8, 2022 motion indicates defendant-appellant informed counsel that he intended to file a petition for writ of certiorari. Accordingly, we grant Attorney James L. Sultan's to motion to withdraw. Defendant-appellant may, however, if he chooses, file a pro se petition for a writ of certiorari. That petition must be filed with the clerk of the Supreme Court within ninety days after the entry of the judgment. Sup. Ct. R. 13. Judgment entered on January 21, 2022 . It would appear, therefore, that should defendant-appellant choose to file a pro se petition, he must do so on or before April 21, 2022 . Appellant may apply for an extension of time to file a petition for certiorari, but an application to extend the time to file a petition for a writ of certiorari is not favored. Sup. Ct. R. 13.5. An application for an extension of time must be submitted at least 10 days before the specified final filing date. Sup. Ct. R. 30.2. *The February 15, 2022 order is corrected to reflect the defendant-appellant informed counsel that he may seek certiorari pro se. [19-1522] (GRC) [Entered: 02/16/2022 12:14 PM]
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ORDER entered: Counsel for defendant-appellant, who was appointed pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, has filed a motion for leave to withdraw pursuant to 1st Cir. R. 46.5(c). Counsel's motion states that defendant-appellant has informed counsel that he does not wish to apply for certiorari. Accordingly, we grant Attorney James L. Sultan's motion to withdraw. See 1st Cir. R. 46.5(c). [19-1522] (GRC) [Entered: 02/15/2022 12:39 PM]
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MANDATE issued. [19-1522] (GB) [Entered: 02/11/2022 05:13 AM]
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MOTION for Attorney James L. Sultan to withdraw as counsel filed by Appellant Juan Pena. Served on 02/09/2022. [19-1522] (JLS) [Entered: 02/09/2022 03:12 PM]
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JUDGMENT entered. AFFIRM. [19-1522] (GB) [Entered: 01/21/2022 03:12 PM]
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OPINION issued by Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Joseph N. Laplante,* U.S. District Judge. Published. *Of the District of New Hampshire, sitting by designation. [19-1522, 20-1083] (GB) [Entered: 01/21/2022 03:07 PM]
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CASE argued. Panel: Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Joseph N. Laplante, U.S. District Judge. Arguing attorneys: James L. Sultan for Juan Pena and Donald Campbell Lockhart for US. [19-1522] (DJT) [Entered: 06/10/2021 01:16 PM]
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CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellee US in 19-1522. Certificate of service dated 06/07/2021. [19-1522] CLERK'S NOTE: Document should not have been filed in additional case 20-1083. Correction made by clerk's office. No further action required. (DCL) [Entered: 06/07/2021 03:26 PM]
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MOTION requesting leave for Attorney Donald C. Lockhart to enter an appearance filed by Appellee US. Certificate of service dated 05/07/2021. [19-1522] (ARD) [Entered: 05/07/2021 11:28 AM]
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DESIGNATION of attorney presenting oral argument filed by Attorney James L. Sultan for Appellant Juan Pena. Certificate of service dated 05/07/2021. [19-1522] (JLS) [Entered: 05/07/2021 02:39 PM]
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ORDER entered: Attorney Donald C. Lockhart's motion for late appearance is allowed.. [19-1522] (DJT) [Entered: 05/07/2021 05:03 PM]
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NOTICE of appearance filed by Attorney Donald Campbell Lockhart for Appellee US. Certificate of service dated 05/07/2021. [19-1522] (DJT) [Entered: 05/07/2021 05:06 PM]
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DESIGNATION of attorney presenting oral argument filed by Attorney Donald Campbell Lockhart for Appellee US. Certificate of service dated 05/07/2021. [19-1522] (DCL) [Entered: 05/07/2021 05:15 PM]
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CASE calendared: Consistent with public health guidance and ongoing efforts to mitigate the risk of community transmission of COVID-19, the court will conduct oral argument remotely in this case on Thursday, June 10, 2021 at 9:30 a.m., in lieu of in-person appearance. Check-in at 9:00 a.m. before court begins is required. There will be no continuance except for grave cause. Designation form due 05/05/2021. [19-1522] (DJT) [Entered: 04/28/2021 02:25 PM]
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ORDER entered by David J. Barron,* Appellate Judge: Pursuant to section 230.73.10 of the Guidelines for the Administration of the Criminal Justice Act, to avoid any hardship on counsel, the motion requesting interim payment to counsel in case no. 19-1522 is approved . Counsel may submit one voucher before final disposition of the appeal and, if necessary, one at the conclusion of the appeal. *Designee of the Chief Judge, United States Court of Appeals for the First Circuit. [19-1522] (GRC) [Entered: 04/09/2021 03:24 PM]
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MOTION for interim payment of attorney fees to James L. Sultan filed by Appellant Juan Pena. Certificate of service dated 03/29/2021. [19-1522] (JLS) [Entered: 03/29/2021 04:08 PM]
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ORDER entered: Attorney Kerry A. Ferguson has filed a motion to withdraw as counsel of record for Appellant Juan Pena. Upon consideration, the motion is allowed. Appellant will continue to be represented by its remaining counsel of record. [19-1522] (GRC) [Entered: 02/26/2021 04:44 PM]
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MOTION for Attorney Kerry A. Ferguson to withdraw as counsel filed by Appellant Juan Pena. Certificate of service dated 02/23/2021. [19-1522] (KAF) [Entered: 02/23/2021 01:55 PM]
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NINE (9) paper copies of reply brief [ # 6356325-2 ] submitted by Appellant Juan Pena. [19-1522] (ATC) [Entered: 08/05/2020 12:44 PM]
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BRIEF tendered by Appellant Juan Pena. [19-1522] (JLS) [Entered: 07/29/2020 12:03 PM]
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REPLY BRIEF filed by Appellant Juan Pena. Certificate of service dated 07/29/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 08/05/2020 . [19-1522] (LIM) [Entered: 07/29/2020 01:55 PM]
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ORDER granting motion to extend time to file brief filed by Appellant Juan Pena. Reply brief due 07/29/2020 for appellant Juan Pena. [19-1522] (GRC) [Entered: 07/16/2020 03:30 PM]
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MOTION to extend time to file reply brief filed by Appellant Juan Pena. Certificate of service dated 07/15/2020. [19-1522] (JLS) [Entered: 07/15/2020 02:23 PM]
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ORDER granting motion to extend time to file brief filed by Appellant Juan Pena. Reply brief due 07/15/2020 for appellant Juan Pena. [19-1522] (GRC) [Entered: 06/30/2020 01:14 PM]
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ASSENTED TO MOTION to extend time to file reply brief filed by Appellant Juan Pena. Certificate of service dated 06/30/2020. [19-1522] (JLS) [Entered: 06/30/2020 11:06 AM]
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NINE (9) paper copies of appellee/respondent brief [ # 6345245-2 ] submitted by Appellee US. [19-1522] (ATC) [Entered: 06/18/2020 01:31 PM]
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JOINT SUPPLEMENTAL APPENDIX filed by Appellant Juan Pena and Appellee US. FIVE (5) paper copies of Joint Supplemental Appendix and ONE (1) disc filed. Certificate of service dated 06/10/2020. [19-1522] (CMP) [Entered: 06/12/2020 09:31 AM]
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ORDER: The parties' joint motion for leave to file a supplemental appendix is allowed. The supplemental appendix is accepted for filing as of this date. [19-1522] (CMP) [Entered: 06/12/2020 09:22 AM]
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APPELLEE'S BRIEF filed by Appellee US. Certificate of service dated 06/10/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 06/25/2020 . Reply brief due 07/01/2020 for APPELLANT Juan Pena. [19-1522] (AVN) [Entered: 06/11/2020 03:04 PM]
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JOINT MOTION for leave to file supplemental appendix filed by Appellee US. Certificate of service dated 06/10/2020. [19-1522] (ARD) [Entered: 06/10/2020 02:32 PM]
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BRIEF tendered by Appellee US. [19-1522] (ARD) [Entered: 06/10/2020 06:51 PM]
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PLEADING tendered: FIVE (5) paper copies of Joint Supplemental Appendix and ONE (1) disc filed by Appellant Juan Pena and Appellee US. Certificate of service dated 06/10/2020. [19-1522] (AVN) [Entered: 06/11/2020 10:28 AM]
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NINE (9) paper copies of appellant/petitioner brief [ # 6337774-2 ] submitted by Appellant Juan Pena. [19-1522] (ATC) [Entered: 05/26/2020 09:05 AM]
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FIVE (5) paper copies of appendix [ # 6337796-2 ] submitted by Appellant Juan Pena. [19-1522] (ATC) [Entered: 05/26/2020 09:06 AM]
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APPENDIX filed by Appellant Juan Pena. Certificate of service dated 05/11/2020. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 05/26/2020 [19-1522] (AVN) [Entered: 05/11/2020 03:07 PM]
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APPELLANT'S BRIEF filed by Appellant Juan Pena. Certificate of service dated 05/11/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 05/26/2020 . Brief due 06/10/2020 for APPELLEE United States. [19-1522] (LIM) [Entered: 05/11/2020 02:26 PM]
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APPENDIX tendered by Appellant Juan Pena. Certificate of service dated 05/11/2020. [19-1522] (JLS) [Entered: 05/11/2020 01:28 PM]
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BRIEF tendered by Appellant Juan Pena. [19-1522] (JLS) [Entered: 05/11/2020 01:23 PM]
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NOTICE of appearance on behalf of Appellee US filed by Attorney Alexia R. De Vincentis. Certificate of service dated 05/06/2020. [19-1522] (ARD) [Entered: 05/06/2020 11:25 AM]
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ORDER directing Appellant Juan Pena to file a conforming brief and appendix. Brief due 05/12/2020. Appendix due 05/12/2020. [19-1522] (GRC) [Entered: 05/05/2020 06:06 PM]
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BRIEF tendered by Appellant Juan Pena. [19-1522] (JLS) [Entered: 04/27/2020 04:55 PM]
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APPENDIX tendered by Appellant Juan Pena. Certificate of service dated 04/27/2020. [19-1522] (JLS) [Entered: 04/27/2020 05:01 PM]
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Public docket note: Pursuant to the court's general order issued April 20, 2020, this court is temporarily suspending the requirement in Local Rule 25.0(b)(1)(c) that appendices to briefs must be filed only in paper form. For the duration of this suspension, all parties who are represented by counsel shall tender the appendix electronically, through the court's electronic filing system. After the appendix is accepted for filing, the court may set a deadline for paper copies of the appendix. No other rules, including those relating to the form or substance of an appendix, service requirements, or the handling of appendices to be filed under seal, are impacted by this suspension. (MNH) [Entered: 04/21/2020 05:12 PM]
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Public docket note:Because of the court's March 26, 2020 general order extending deadlines due to the COVID-19 pandemic, the deadline for appellant to file a brief has been automatically extended to April 27, 2020. [19-1522] (GRC) [Entered: 04/16/2020 10:20 AM]
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Juan Pena. Brief and appendix due 03/27/2020 for appellant Juan Pena. No further extension of this deadline should be expected. [19-1522] (GRC) [Entered: 03/04/2020 01:49 PM]
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MOTION to extend time to file brief and appendix filed by Appellant Juan Pena. Certificate of service dated 02/28/2020. [19-1522] (JLS) [Entered: 02/28/2020 04:13 PM]
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Juan Pena. Brief and Appendix due 02/28/2020 for appellant Juan Pena. No further extension of this deadline should be expected.. [19-1522] (GRC) [Entered: 02/25/2020 05:22 PM]
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MOTION to extend time to file brief and appendix filed by Appellant Juan Pena. Certificate of service dated 02/20/2020. [19-1522] (JLS) [Entered: 02/20/2020 04:12 PM]
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Juan Pena. Brief and Appendix due 02/20/2020 for appellant Juan Pena. No further extension of this deadline should be expected. [19-1522] (GRC) [Entered: 01/23/2020 05:14 PM]
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MOTION to extend time to file brief and appendix filed by Appellant Juan Pena. Certificate of service dated 01/16/2020. [19-1522] (JLS) [Entered: 01/16/2020 08:33 PM]
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Juan Pena. Brief and appendix due 01/21/2020 for appellant Juan Pena. We are disinclined to grant a request for further enlargement of this deadline. [19-1522] (GRC) [Entered: 11/19/2019 10:54 AM]
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MOTION to extend time to file brief and appendix filed by Appellant Juan Pena. Certificate of service dated 11/18/2019. [19-1522] (JLS) [Entered: 11/18/2019 04:59 PM]
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BRIEFING schedule set. Brief and Appendix due 11/20/2019 for appellant Juan Pena. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [19-1522] (GB) [Entered: 10/11/2019 09:08 AM]
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NOTICE of filing the following transcript in district court by Court Reporter Richard Henry Romanow: 02/09/2018, Final Pretrial Conference. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [19-1522] (GB) [Entered: 10/11/2019 09:07 AM]
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TRANSCRIPT order acknowledgment filed by Court Reporter Richard Henry Romanow. Certificate of service dated 10/10/2019. [19-1522] (AL) [Entered: 10/15/2019 10:52 AM]
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TRANSCRIPT report/order form filed by Appellant Juan Pena indicating the following transcripts are being ordered: Final Status Conference, 02/09/2018. Payment was authorized under the Criminal Justice Act. Transcript(s) due 10/07/2019 from Court Reporter Richard Henry Romanow. [19-1522]. CLERK'S NOTE: Docket entry was edited to replace an attachment. (ZN) [Entered: 08/06/2019 11:26 AM]
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NOTICE of appearance on behalf of Appellant Juan Pena filed by Attorney James L. Sultan. Certificate of service dated 08/05/2019. [19-1522] (JLS) [Entered: 08/05/2019 12:52 PM]
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NOTICE of appearance on behalf of Appellant Juan Pena filed by Attorney Kerry A. Haberlin. Certificate of service dated 08/05/2019. [19-1522] (KAF) [Entered: 08/05/2019 12:54 PM]
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TRANSCRIPT report/order form filed by Appellant Juan Pena indicating transcripts are being ordered. Certificate of service dated 08/05/2019. [19-1522] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JLS) [Entered: 08/05/2019 12:59 PM]
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ORDER appointing counsel. The court appoints Attorney James L. Sultan for Juan Pena, in case 19-1522. Transcript Report/Order Form due 08/05/2019. Briefing schedule vacated. [19-1522] (GRC) [Entered: 07/15/2019 11:44 AM]
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NOTICE of filing the following transcript(s) in district court by Court Reporter Richard Henry Romanow: 02/12/2018, Hearing; 02/12/2018, Trial; 02/12/2018, Jury Voir Dire; 02/14/2018, Trial; 02/15/2018, Trial; 05/14/2019, Sentencing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [19-1522] (GRC) [Entered: 07/09/2019 02:31 PM]
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BRIEFING schedule set. Brief and Appendix due 08/19/2019 for appellant Juan Pena. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [19-1522] (GRC) [Entered: 07/09/2019 02:34 PM]
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NOTICE issued. After 07/12/2019, the following attorney will no longer receive notice of court issued documents in this case unless he registers for an appellate ECF account: Matthew T. Harrington for Juan Pena. [19-1522] (GRC) [Entered: 06/28/2019 03:32 PM]
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Certification of filing transcript filed by Court Reporter Richard Henry Romanow. [19-1522] (GRC) [Entered: 07/01/2019 12:57 PM]
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TRANSCRIPT ordered: 02/12/2018, Jury Voir Dire; 02/12/2018, Trial; 02/14/2018, Trial; 02/15/2018, Trial; 05/14/2019, Sentencing; 02/12/2018, Hearing. Transcript(s) due 08/23/2019 from Court Reporter Richard Henry Romanow [19-1522] (ZN) [Entered: 06/24/2019 04:43 PM]
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MOTION for Attorney Jennifer L. Chunias and Matthew T. Harrington to withdraw as counsel filed by Appellant Juan Pena. Certificate of service dated 06/18/2019. [19-1522] (RMB) [Entered: 06/18/2019 04:06 PM]
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PAPER COPIES of motion [ # 6261715-2 ] for Attorney Roberto M. Braceras to withdraw as counsel filed by Appellant Juan Pena filed by Appellant Juan Pena. [19-1522] (GRC) [Entered: 06/18/2019 04:57 PM]
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MOTION for Attorney Roberto M. Braceras to withdraw as counsel filed by Appellant Juan Pena. Certificate of service dated 06/18/2019. [19-1522] (RMB) [Entered: 06/18/2019 04:07 PM]
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PAPER COPIES of motion [ # 6261711-2 ] for Attorney Jennifer L. Chunias and Matthew T. Harrington to withdraw as counsel filed by Appellant Juan Pena filed by Appellant Juan Pena. [19-1522] (GRC) [Entered: 06/18/2019 04:58 PM]
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NOTICE of appearance on behalf of Appellant Juan Pena filed by Attorney Roberto M. Braceras. Certificate of service dated 06/11/2019. [19-1522] (RMB) [Entered: 06/11/2019 01:08 PM]
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DOCKETING statement filed by Appellant Juan Pena. Certificate of service dated 06/11/2019. [19-1522] (RMB) [Entered: 06/11/2019 01:10 PM]
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TRANSCRIPT report/order form filed by Appellant Juan Pena indicating transcripts are being ordered. Certificate of service dated 06/11/2019. [19-1522]] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (RMB) [Entered: 06/11/2019 01:12 PM]
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| CRIMINAL CASE docketed. Notice of appeal (doc. #197) filed by Appellant Juan Pena. Appearance form, Docketing Statement, and Transcript Report/Order form due 06/13/2019. [19-1522] (GRC) [Entered: 05/30/2019 05:00 PM] |
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