Free Order of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APPEALS I L E D
, I OCT 3 2007
FOR THE NINTH CIRCUIT gmqy A gAn§g3gN_ QLERK
us. count on APPEALS ‘
UNITED STATES OF AMERICA, A No. 06-10429
A Plaintiff- Appellee, D.C. No. CR-03-61-HDM
v. Arizona (Phoenix)
ROBERT D. STEWART, JR., aka Robert
_ Wilson Stewart, Bob Stewart, ORDER
Defendant - Appellant.
Before: B. FLETCHER and IKUTA, Circuit Judges
Alex D. Gonzalez, Esq., filed a motion to be relieved as appointed counsel
for appellant Robert D. Stewart, Jr., and appellant Stewart requested leave to
l represent himself on appeal. Appellant Stewart’s request for self-representation
was referred to the Appellate Commissioner, pursuant to Ninth Circuit General
Order 6.3(e). On October l, 2007, the Appellate Commissioner filed a report and
recommendation that the court should relieve counsel Gonzalez, but deny
appellant Stewart’s request to represent himself and appoint new counsel to
represent Stewart on appeal. See Martinez v. Court 0f Appeal, 528 U.S. 152, 162-
63 (2000); 9th Cir. R. 4—l(d). V
Appellant Stewart was given 21 days within which to tile pro se objections
to the Appellate Commissioner’s report and recommendation. To date, the court
has not received objections from appellant Stewart.
Case 2:O3—cr-OOO61—HDIVI I Document 227 Filed 11/O2/2007 Page 1 of 2

No. 06-10429
» The court adopts the Appellate Commissioner’s report and recommendation
in full. Alex D. Gonzalez, Esq., 2340 West Ray Road, Suite 1, Chandler, Arizona
85244, Telephone: (480) 491-9750, Facsimile: (480) 491-9260, is relieved as
appointed counsel for appellant Stewart. Appellant Stewart’s request to represent e
himself is denied. New counsel for appellant Stewart will be appointed by
separate order.
The Clerk shall serve a copy of this order on Jon M. Sands, Federal Public
Defender, 850 West Adams Street, Suite 201, Phoenix, Arizona 85007, who will
locate appointed counsel; The Clerk also shall provide a copy of the Appellate
Comrnissioner’s report and recommendation to Mr. Sands for service on new
counsel. Within 14 days after locating counsel, the district court shall provide the
Clerk of this court with the name and address of appointed counsel by facsimile
transmission to (415) 355-8111.
The district court has filed the certificate of record. Appellant Stewart’s
opening brief and excerpts of record are due January 14, 2008. Appellee’s A
answering brief is due February 13, 2008. Appellant Stewart’s optional reply brief
is due within 14 days after service of the answering brief.
The Clerk shall serve this order on appellant individually, at the address on
this court’s docket, in addition to serving the order on all counsel of record.
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Case 2:03-cr-00061-HDM

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Case 2:03-cr-00061-HDM

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