Opinion
Criminal Case No 11-cr-00279-PAB-2
02-28-2013
UNITED STATES OF AMERICA, Plaintiff, v. 2. ELIAS HERRERA-ZAMORA, Defendant.
Judge Philip A. Brimmer
ORDER REGARDING DEFENDANT'S MOTION FOR LEAVE
TO PROCEED ON APPEAL PURSUANT TO
28 U.S.C. § 1915 AND FED. R. APP. P. 24
Defendant has submitted a Motion to Proceed in Forma Pauperis [Docket No. 515]. The motion indicates that the Court determined at the time of sentencing that the defendant is indigent. While no such finding was made at sentencing, such a finding was made by a magistrate judge at defendant's arraignment. See Docket No. 10. While normally such a finding would suffice, see Fed. R. App. P. 24(a)(3), the Court believes it is necessary to learn more about the issues that defendant intends to present on appeal. See Fed. R. App. P. 24(a)(1)(c) and 24(a)(3)(A). The defendant's plea agreement contains a waiver of certain appellate rights which may have a bearing on whether the Court is able to find that the appeal is not frivolous. Wherefore, it is
ORDERED that defendant shall supplement his motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24 by indicating the issues that defendant intends to present on appeal on or before March 7, 2013.
BY THE COURT:
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PHILIP A. BRIMMER
United States District Judge