Free Notice of Appeal - District Court of Arizona - Arizona

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1 FILED _ LODGED _
· CENED ___COPY
Ernesto Yepez-Bedola
AUG 0 8 2005
Reg. No. 69741-008
CEHKUSMSWETUIMT
USP PO BOX 019001 DISTHICTOFAHIZONA
BY__WA_M_m____§_DEPUTY
Atwater, CA 95301
Petitioner pro se -
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
UNITED STATES OF AMERICA,
Respondent, U
V. No. CR-02-506—PHX—EHC
ERNESTO YEPEZ—BEDOLA,
Petitioner.
MOTION PURSUANT TO FEDERAL RULES OF APPELLATE PROCEDURE
4 ta) (6) TO REOPEN TIME TO FILE AN APPEAL
COMES NOW ERNESTO YEPEZ—BEDOLA, Petitioner pro se,
who respectfully requests this Court to file a Notice of
Appeal and in furtherance thereof states the following:
On August 2, 2005 Mr. Yepez—Bedola received a copy of _
the Court's May 19, 2005 Judgement to Deny his Motion to

i Vacate and Correct Sentence. Although Petitioner had been in
the Special Housing Unit for a period of time during the past
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few months, there is no excuse for this Court's Judgment and
Order to have taken this long to reach him.
Fed.R.App.Proc. Rule 4{a)(6) states: "The district
court may reopen the time to file an appeal for a period of
. 14 days after the date when its order to reopen is entered,
but only if all the following conditions are satisfied: (A)
the motion is filed within 180 days after the judgment or
order is entered or within 7 days after the moving party
receives notice of the entry, whichever is earlier; (B) the
court finds that the moving party was entitled to notice of
the entry of the judgment or order sought to be appealed but
did not receive the notice from the district court or any
party within 21 days after entry; and (C) the court finds
that no party would be prejudiced.
Although the district court's Judgment is dated May-
J 19, 2005 and postmarked “23 May, 2005", prison authorities
did not deliver it to Mr. Yepez-Bedola until August 2, 2005.
Thus, parts (A) and (B) are satisfied as this motion is_
mailed within 180 days of the district court's judgment and
within 7 days of Mr. Yepez—Bedola having received the notice;
and, this pro se Petitioner was entitled to speedy service of
the Final Judgment in his case. It seems logical that the
n district court should find that the Government will not be
prejudiced after Petitioner files a notice of appeal.
For these reasons Mr. Yepez-Bedola respectfully
requests that a Notice of Appeal in the above referenced
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¢‘ • *‘—. I
cause be entered.
Respectfully submitted under penalty of perjury this Third
day of August in the year 2005.
Petitioner's signature:
AFFIRMATION `
I certify that the foregoing is true and correct to
the best of my abilities and knowledge this Third day of
August, 2005.
Petitioner's signature:
CERTIFICATE OF SERVICE I
I certify that a true and correct copy of the
foregoing was mailed, first class postage pre—paid, to the
Office of the UQS. Attorney, Lisa Jennis Settel, A.U.S.A.,
. Two Renaissance Square, 40 N. Central Ave., Suite 1200,
l Phoenix, AZ 85004-4408 on this Third day of August, 2005.
. Petitionervs signature: .
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