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United States of America v. Latoya M. Mcdaniel

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 27, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LATOYA M. MCDANIEL, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on defendant Latoya M McDaniel's motion for appointment of new counsel on appeal (Doc. 44). This Court does not have the authority to appoint counsel on appeal. Only the Court of Appeals may allow defense counsel to withdraw after judgment is entered or appoint new counsel for purposes of an appeal. United States v. Flowers, 789 F.2d 569, 570 (7th Cir. 1986) (per curiam); accord Corral v. United States, 498 F.3d 470, 474 (7th Cir. 2007); see Circuit Rule 51 ("Trial counsel in a criminal case, whether retained or appointed by the district court, is responsible for the continued representation of the client desiring to appeal unless specifically relieved by the court of appeals upon a motion to withdraw."). Accordingly, the Court hereby DIRECTS the Clerk of Court to TRANSFER the pending motion (Doc. 44) to the Court of Appeals for the Seventh Circuit in connection with Appeal No. 11-1352.

IT IS SO ORDERED.

J. Phil Gilbert

20110427

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