Free Designation of Record on Appeal - District Court of Colorado - Colorado

Case 1:01-cr-00192-LTB Document 79 Filed 02/29/2008 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Page 1 of 9

DOCKETING STATEMENT

Case Name:

UNITED STATES OF AMERICA v. ISAAC VIGIL 08-1038

Appeal No. (if available) :

Court/Agency Appeal From: DISTRICT OF COLORADO Court/Agency Docket No.: 01-cr-00192-LTB-1 District Judge: Lewis T. Babcock Party or Parties filing Notice of Appeal/Petition: ISAAC VIGIL I. TIMELINESS OF APPEAL OR PETITION FOR REVIEW A. APPEAL FROM DISTRICT COURT 1. Date notice of appeal filed: February 13, 2008 a. Was a motion filed for an extension of time to file the notice of appeal? If so, give the filing date of the motion, the date of any order disposing of the motion, and the deadline for filing notice of appeal: NO

b.

Is the United States or an officer or an agency of the United States a party to this appeal? YES

2.

Authority fixing time limit for filing notice of appeal: (a)(1)(A) (a)(1)(B) (a)(2) (a)(3) (a)(4) (a)(5) Fed. R. App. 4(a)(6) Fed. R. App. 4(b)(1) Fed. R. App. 4(b)(3) Fed. R. App. 4(b)(4) Fed. R. App. 4(c)

Fed. R. App. 4 Fed. R. App. 4 Fed. R. App. 4 Fed. R. App. 4 Fed. R. App. 4 Fed. R. App. 4 Other:

X

3.

Date final judgment or order to be reviewed was filed and entered on the district court docket: February 13, 2008

Case 1:01-cr-00192-LTB

Document 79

Filed 02/29/2008

Page 2 of 9

4.

Does the judgment or order to be reviewed dispose of all claims by and against all parties? See Fed. R. Civ. P. 54(b). YES.

(If the order being appealed is not final, please answer the following questions in this section.) a. If not, did district court direct entry of judgment in accordance with Fed. R. Civ. P. 54(b)? When was this done?

b.

If the judgment or order is not a final disposition, is it appealable under 28 U.S.C. § 1292(a)? If none of the above applies, what is the specific statutory basis for determining that the judgment or order is appealable?

c.

5.

Tolling Motions. See Fed. R. App. P. 4(a)(4)(A); 4(b)(3)(A). a. Give the filing date of any motion under Fed. R. Civ. P. 50(b), 52(b), 59, 60, including any motion for reconsideration, and in a criminal appeal any motion for judgment of acquittal, for arrest of judgment or for new trial, filed in the district court:

b.

Has an order been entered by the district court disposing of that motion, and, if so, when?

6.

Bankruptcy Appeals. (To be completed only in appeals from a judgment, order or decree of a district court in a bankruptcy case or from an order of the Bankruptcy Appellate Panel.)

Are there assets of the debtor subject to administration by a district or bankruptcy court? Please state the approximate amount of such assets, if known.

D-2 Docketing Statement 11/01

Page 2

Case 1:01-cr-00192-LTB

Document 79

Filed 02/29/2008

Page 3 of 9

B.

REVIEW OF AGENCY ORDER (To be completed only in connection with petitions for review or applications for enforcement filed directly with the Court of Appeals.) 1. 2. 3. Date petition for review was filed: Date of the order to be reviewed: Specify the statute or other authority granting the court of appeals jurisdiction to review the order:

4.

Specify the time limit for filing the petition (cite specific statutory section or other authority):

C.

APPEAL OF TAX COURT DECISION 1. Date notice of appeal was filed: (If notice was filed by mail, attach proof of postmark.) Time limit for filing notice of appeal: Date of entry of decision appealed: Was a timely motion to vacate or revise a decision made under the Tax Court's Rules of Practice, and if so, when? See Fed. R. App. P. 13(a)

2. 3. 4.

D-2 Docketing Statement 11/01

Page 3

Case 1:01-cr-00192-LTB

Document 79

Filed 02/29/2008

Page 4 of 9

II.

LIST ALL RELATED OR PRIOR RELATED APPEALS IN THIS COURT WITH APPROPRIATE CITATION(S). If none, please so state.

NONE.

III.

GIVE A BRIEF DESCRIPTION OF NATURE OF ACTION AND RESULT BELOW. Following violations of supervised release conditions, the Defendant was sentenced to 20 months imprisonment.

IV.

ISSUES RAISED ON APPEAL. Counsel believes an Anders brief will be filed in this case.

D-2 Docketing Statement 11/01

Page 4

Case 1:01-cr-00192-LTB

Document 79

Filed 02/29/2008

Page 5 of 9

V.

ADDITIONAL INFORMATION IN CRIMINAL APPEALS. A. Does this appeal involve review under 18. U.S.C. § 3742(a) or (b) of the sentence imposed? YES. If the answer to question in A is yes, does the defendant also challenge the judgment of conviction? NO. Describe the sentence imposed. Twenty Months Prison

B.

C.

D. E.

Was the sentence imposed after a plea of guilty? YES. Is defendant on probation or at liberty pending appeal? NO.

NOTE:

In the event expedited review is requested, the defendant shall consider whether a transcript of any portion of the trial court proceedings is necessary for the appeal. Necessary transcripts must be ordered at the time of appeal by completing and delivering the transcript order form to the clerk of the district court when a notice of appeal is filed. Defendant/appellant must refrain from ordering any unnecessary transcript as this will delay the appeal. If the court orders this appeal expedited, it will set a schedule for preparation of necessary transcripts, for designation and preparation of the record on appeal, and for filing briefs. If issues other than sentencing are raised by this appeal, the court will decide whether bifurcation is desirable.

D-2 Docketing Statement 11/01

Page 5

Case 1:01-cr-00192-LTB

Document 79

Filed 02/29/2008

Page 6 of 9

VI.

INDICATE WHETHER ORAL ARGUMENT IS DESIRED IN THIS APPEAL. If so, please state why. Oral Argument is not desired

VII.

ATTORNEY FILING DOCKETING STATEMENT: Name: VIRGINIA L. GRADY Firm: Telephone: (303) 294-7002

OFFICE OF THE FEDERAL PUBLIC DEFENDER

Address: 633 SEVENTEENTH STREET, SUITE 1000 DENVER, COLORADO 80202

PLEASE IDENTIFY ON WHOSE BEHALF THE DOCKETING STATEMENT IS FILED: A.

: 9 9

Appellant

Petitioner

Cross-Appellant

D-2 Docketing Statement 11/01

Page 6

Case 1:01-cr-00192-LTB

Document 79

Filed 02/29/2008

Page 7 of 9

B.

PLEASE IDENTIFY WHETHER THE FILING COUNSEL IS

9 9 9 :

Retained Attorney

Court-Appointed

Employed by a government entity (please specify_________________________________)

Employed by the Office of the Federal Public Defender.

s/Virginia L. Grady Assistant Federal Public Defender (Digital) VIRGINIA L. GRADY

February 29, 2008 Date

:
NOTE:

Attorney at Law A copy of the court or agency docket sheet, the final judgment or order appealed from, any pertinent findings and conclusions, opinions, or orders, any motion filed under Fed. R. Civ. P. 50(b), 52(b), 59, or 60, including any motion for reconsideration, for judgment of acquittal, for arrest of judgment, or for new trial, and the dispositive order(s), any motion for extension of time to file notice of appeal and the dispositive order, and the notice of appeal or petition for review must be attached to all copies of the Docketing Statement, except as otherwise provided in Section I of the instructions. The original and four copies of this Docketing Statement must be filed. This Docketing Statement must be accompanied by proof of service. The following Certificate of Service may be used. Page 7

D-2 Docketing Statement 11/01

Case 1:01-cr-00192-LTB

Document 79

Filed 02/29/2008

Page 8 of 9

CERTIFICATE OF SERVICE I, Virginia L. Grady [appellant/petitioner or attorney therefor] hereby certify that on

February 29, 2008 [date] to: Suneeta Hazra Attorney,

I sent a copy of the foregoing Docketing Statement,

, at the Office of the United States

[counsel for/or appellee/respondent] 1225 Seventeenth Street, Suite 700, Denver, Colorado 80202, the last known address, by way of United States mail or courier.

Signature February 29, 2008 Dated signed VIRGINIA L. GRADY Office of the Federal Public Defender 633 Seventeenth Street, Suite 1000 Denver, Colorado 80202 [Printed name and address of person completing service]

D-2 Docketing Statement 11/01

Page 8

Case 1:01-cr-00192-LTB

Document 79

Filed 02/29/2008

Page 9 of 9

CERTIFICATE OF DIGITAL SUBMISSION

I hereby certify that with respect to the foregoing DOCKETING STATEMENT: (1) all required privacy redactions have been made and, with the exception of those redactions, every document submitted in Digital Form or scanned PDF format is an exact copy of the written document filed with the Clerk, and; (2) the digital submissions have been scanned for viruses with the most recent version of a commercial virus scanning program Symantec AntiVirus Corporate Edition version 10.1.6.6000, Virus Definition File Dated: 02/27/2008 rev. 3, and, according to the program, are free of viruses.

s/Virginia L. Grady VIRGINIA L. GRADY Assistant Federal Public Defender

D-2 Docketing Statement 11/01

Page 9