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U.S. v. SANTIAGO-OCHOA

United States District Court, N.D. Illinois, Eastern Division


UNITED STATES OF AMERICA, Plaintiff,
v.
NOEL SANTIAGO-OCHOA, Defendant.

The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM ORDER

Noel Santiago-Ochoa ("Santiago") has filed a notice of appeal from his conviction and sentencing before this Court (Santiago had entered into a plea agreement that provided for a conditional guilty plea, reserving his right to appeal this Court's April 22, 2004 denial of his motion to dismiss the indictment). Based on the representations contained in Santiago's motion to proceed on appeal in forma pauperis, this Court grants leave to do so — although this Court will have to receive the printout of transactions in Santiago's prison trust fund account in order to make the calculations called for by 28 U.S.C. § 1915. Accordingly Gerardo Gutierrez, Esq., Santiago's appointed counsel who ably represented him before this Court, is requested to obtain and provide a copy of that printout as soon as possible.

Santiago has also moved for the appointment of counsel to represent him on appeal. To the extent that it is appropriate for this Court rather than our Court of Appeals to address that subject, this Court finds that motion well taken. It also respectfully recommends that Attorney Gutierrez be appointed as appellate counsel by the Court of Appeals.

20040908

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