USA v. Pascal Gedeon
| UNITED STATES OF AMERICA |
| PASCAL GEDEON |
| 23-2103 |
| June 22, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 6 Certified copy of amended notice of appeal filed in the district court on 06/16/2023 received from Clerk of District Court.--[Edited 06/23/2023 by PDB] (PDB) [Entered: 06/23/2023 12:17 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Kelly M. Harrell on behalf of Appellee(s) United States of America. [23-2103] (KH) [Entered: 06/23/2023 09:53 AM] |
Filing 4
ORDER (Clerk) It is noted that Appellant chose to waive his right to counsel and proceed pro se in the District Court. Appellant is hereby advised that unlike proceedings in District Court, there is no right to proceed pro se on appeal. See Martinez v. Court of Appeal of California, 528 U.S. 152 (2000). This Court in its discretion may permit an appellant to proceed pro se if an appellant knowingly and voluntarily waives the right to counsel. The Supreme Court has instructed that in order for a waiver to be knowing and voluntary, a litigant must be "made aware of the dangers and disadvantages of self representation". Faretta v. California, 422 U.S. 806 (1975). As such, Appellant is hereby advised of the following potential dangers and disadvantages of proceeding pro se on appeal. Accordingly, Appellant may elect to either waive counsel and proceed pro se on appeal or accept representation by John A. DiSantis, Esq. Appellant must make his election known to the Clerk by filing the waiver of counsel form or by filing a written statement accepting representation by John A. DiSantis, Esq., within 14 days of the date of this order. John A. DiSantis, Esq., has been appointed as counsel for Appellant until such time as Appellant informs the Clerk of his choice. In the event Appellant fails to respond to this Order, it will be presumed that Appellant has chosen to be represented by John A. DiSantis, Esq. The defendant's notice of appeal suggests he is appealing from an order denying his motion "to suppress the Tumblr records." Such an order may not be final and or otherwise appealable at this time. See DiBella v. United States, 369 U.S. 121, 129, 131 (1962); United States v. Williams, 413 F.3d 347, 354 (3d Cir. 2005). If Appellant elects to waive counsel and proceed pro se, Appellant must file and serve a written response addressing this Court's authority over the appeal within fourteen (14) days of the filing of the waiver form. If Appellant elects to accept representation by John A. DiSantis, Esq., or if Appellant fails to respond to this Order, then John A. DiSantis, Esq., must file and serve a written response addressing this Court's authority over the appeal within fourteen (14) days of either the filing of Appellant's written statement accepting representation or the expiration of Appellant's response time, whichever occurs first. Appellee's response addressing this Court's authority over this appeal must be filed within fourteen (14) days of the date of this order. (PDB) [Entered: 06/22/2023 12:40 PM]
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Filing 3
ORDER appointing John A. DiSantis, Esq. as CJA counsel to represent Appellant Pascal Gedeon. (PDB) [Entered: 06/22/2023 12:21 PM]
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| Filing 2 RECORD available on District Court CM/ECF. (PDB) [Entered: 06/22/2023 12:20 PM] |
| Filing 1 CRIMINAL CASE DOCKETED. Notice filed by Pascal Gedeon in District Court No. 2-21-cr-00210-001. (PDB) [Entered: 06/22/2023 12:16 PM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Eileen C. Geiger Esq. |
| Represented By: | Kelly Harrell Esq. |
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| Defendant / appellant: PASCAL GEDEON | |
| Represented By: | John A. DiSantis Esq. |
| Represented By: | Pascal Gedeon |
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