Free Motion to Proceed In Forma Pauperis - District Court of Delaware - Delaware

Case 1:06-cr-00083-GMS

Document 48

Filed 04/11/2008

Page 1 of 4

IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY M. BRISCOE, Defendant. : : : : : : : : :

Cr.A. No. 07-13-001-SLR

MOTION TO PROCEED IN FORMA PAUPERIS AND FOR APPOINTMENT OF CJA COUNSEL ON APPEAL COMES NOW, Defendant-Appellant, Anthony M. Briscoe, by and through his attorney, John S. Malik, and respectfully requests that he be granted leave of court to proceed In Forma Pauperis with the appellate docketing fee being waived, and that appellate counsel be appointed for Defendant-Appellant Briscoe pursuant to the Criminal Justice Act, based upon the following grounds: 1. Defendant-Appellant Anthony M. Briscoe was sentenced to a term of

incarceration of one hundred twenty (120) months by the Honorable Gregory M. Sleet as set forth in this Honorable Court's April 9, 2008 Judgment and Commitment Order. 2. Defendant-Appellant Briscoe has been incarcerated since the date of his arrest

in 2006 and, as a consequence, has no employment or assets and is indigent due to his incarceration. 3. As a consequence of his indigency, Mr. Briscoe is unable to pay the appellate

docketing fee that is required for the filing of an Appeal of his convictions and Sentence in the United States District Court for the District of Delaware to the United States Court of Appeals for the Third Circuit.

Case 1:06-cr-00083-GMS

Document 48

Filed 04/11/2008

Page 2 of 4

WHEREFORE, Defendant-Appellant Anthony M. Briscoe respectfully requests that this Honorable Court enter an order granting him leave of court to proceed In Forma Pauperis with the appellate docketing fee being waived, and that appellate counsel be appointed for Defendant-Appellant Briscoe pursuant to the Criminal Justice Act. Respectfully submitted, /s/ John S. Malik JOHN S. MALIK 100 East 14th Street Wilmington, Delaware 19801 (302) 427-2247 Attorney for Defendant-Below, Appellant, Anthony M. Briscoe Dated: April 10, 2008

[2]

Case 1:06-cr-00083-GMS

Document 48

Filed 04/11/2008

Page 3 of 4

IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY M. BRISCOE, Defendant. : : : : : : : : : ORDER AND NOW, TO WIT, this 11th day of April, A.D., 2008, Appellant Anthony M. Briscoe's Motion to Proceed In Forma Pauperis and for Appointment of CJA Counsel on Appeal having been duly heard and considered, IT IS SO ORDERED: That Defendant-Appellant Anthony M. Briscoe is hereby granted leave of court to proceed In Forma Pauperis with the appellate docketing fee being waived, and that appellate counsel shall be appointed for Defendant-Appellant Briscoe pursuant to the Criminal Justice Act as a result of this Court having found Defendant-Appellant Briscoe to be an indigent person.

Cr.A. No. 07-13-001-SLR

THE HONORABLE GREGORY M. SLEET

Case 1:06-cr-00083-GMS

Document 48

Filed 04/11/2008

Page 4 of 4

IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY M. BRISCOE, Defendant. : : : : : : : : :

Cr.A. No. 07-13-001-SLR

CERTIFICATE OF SERVICE I, John S. Malik, do hereby certify that on this 11th day of April, A.D., 2008, I have had Defendant-Below, Appellant Anthony M. Briscoe's Motion to Proceed In Forma Pauperis and for Appointment of CJA Counsel on Appeal electronically served upon the following individual(s) at the following address(es): Ilana Eisenstein, Esquire Assistant United States Attorney United States Attorney's Office Nemours Building 1007 Orange Street, Suite 700 Wilmington, Delaware 19801

/s/ John S. Malik JOHN S. MALIK 100 East 14th Street Wilmington, Delaware 19801 (302) 427-2247 Attorney for Defendant-Below, Appellant, Anthony M. Briscoe