United States District Court, N.D. Illinois, Eastern Division
UNITED STATES OF AMERICA, Plaintiff,
NOEL SANTIAGO-OCHOA, Defendant.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
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.
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