USA v. Frederick Banks
| UNITED STATES OF AMERICA |
| FREDERICK H. BANKS |
| 23-2130 |
| June 22, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Laura Schleich Irwin, AUSA on behalf of Appellee(s) United States of America. [23-2130] (LSI) [Entered: 06/23/2023 11:42 AM] |
Filing 3
ORDER (Clerk) It is noted that that Appellant expressed a desire to proceed pro se during the District Court proceedings. Appellant is hereby advised that unlike proceedings in District Court, there is no right to proceed pro se on appeal. 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: -A pro litigant is expected to abide by the Federal Rules of Appellate Procedure to the same extent as an attorney, with the exception that a pro se litigant may elect to file an informal brief. -A pro se litigant is expected to comply with all deadlines. - A pro se litigant will not receive any assistance from court staff regarding the prosecution of the appeal. Court staff members are only permitted to provide litigants with procedural information and cannot answer or provide information regarding the law or issues involved in the appeal. -The Court does not ordinarily require an indigent pro se litigant to file an appendix. While an indigent pro se litigant may proceed on the original record, the litigant must attach certain documents to the brief, including the notice of appeal, district court order on appeal, an the district court docket sheet. Any pro se litigant who waives the right to appellate counsel is responsible for obtaining any documents necessary for the prosecution of the appeal and the Court is not obligated to provide the record or other documents. -As a general rule, a pro se litigant will not be granted oral argument. -Proceeding pro se on appeal can be difficult due to the complexities of appellate law and practice. A litigant may not identify viable issues and arguments due to a lack of legal training. A litigant may lose certain rights or waive issues or arguments if an appeal is not handles correctly. -In the event an appellant knowingly and voluntarily waives his/her right to counsel, stand-by counsel will not be provided. Accordingly, Appellant may elect to either waive counsel and proceed pro se on appeal or accept representation by an attorney appointed by the Clerk. 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 an appointed attorney within 14 days of the date of this order. In the event Appellant fails to respond to this Order, it will be presumed that Appellant has chosen to be represented by an attorney appointed by the Clerk. The defendant has appealed from the June 15, 2023, order regarding his appointed counsel's motion to withdraw and his pro-se oral motion to represent himself. The order was entered during ongoing revocation-of-supervised-release proceedings. The order may not be final within the meaning of 28 U.S.C. Section 1291 or otherwise immediately appealable. See Flanagan v. United States, 465 U.S. 259, 263 (1984); United States v. Sueiro, 946 F. 3d 637, 639-43 (4th Cir. 2020). 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, with a certificate of service attached, within fourteen (14) days of the filing of the waiver form. If Appellant elects to accept representation by an attorney appointed by the Clerk, or if Appellant fails to respond to this Order, then the Clerk will appoint counsel for Appellant and set a deadline for that counsel to file written response addressing this Court's authority over this appeal must be filed within fourteen (14) days of the date of this order. (TMM) [Entered: 06/22/2023 11:35 AM]
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| Filing 2 RECORD available on District Court CM/ECF. (TMM) [Entered: 06/22/2023 10:58 AM] |
| Filing 1 CRIMINAL CASE DOCKETED. Notice filed by Mr. Frederick H. Banks in District Court No. 2-15-cr-00168-001. (TMM) [Entered: 06/22/2023 10:54 AM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Laura S. Irwin Esq. |
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| Defendant / appellant: FREDERICK H. BANKS | |
| Represented By: | Frederick H. Banks |
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