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USA v. Rafic Labboun - Court of Appeals General Docket no. 10-10383

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U.S. District Court
California Northern District (San Jose)
Case #: 5:09-cr-00058-RMW
USA vs Rafic Labboun
Ronald M. Whyte, presiding
Patricia V. Trumbull, referral
Date filed: 01/20/2009
Date terminated: 07/19/2010
Date of last filing: 04/07/2011


General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 10-10383

Docketed: 08/11/2010

USA v. Rafic Labboun
Appeal From: U.S. District Court for Northern California, San Jose
Fee Status: IFP
Case Type Information:
     1) criminal
     2) Final Judgment
     3) null
Originating Court Information:
     District: 0971-5 : 5:09-cr-00058-RMW-1
     Court Reporter: Summer A. Fisher, Court Reporter
     Trial Judge: Ronald M. Whyte, Senior District Judge
     Date Filed: 01/20/2009
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec'd COA:
     08/04/2010      08/04/2010      07/28/2010      08/11/2010
Prior Cases:
     None


Current Cases:
     None


UNITED STATES OF AMERICA

                     Plaintiff - Appellee,

Hartley M. K. West, Esquire, Assistant U.S. Attorney
[COR LD NTC Assist US Attorney]
OFFICE OF THE U.S. ATTORNEY
450 Golden Gate Avenue
San Francisco, CA 94102

   v.

RAFIC LABBOUN

                     Defendant - Appellant,

Mark Joseph Reichel
Direct: 916-498-9258
[COR LD NTC CJA Appointment]
3rd Floor
455 Capitol Mall
Sacramento, CA 95814-4405

UNITED STATES OF AMERICA,

                     Plaintiff - Appellee,

   v.

RAFIC LABBOUN,

                     Defendant - Appellant.

08/11/2010

 1 


10 pg, 199.57 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 27 mos.. Transcript ordered by 08/18/2010. Transcript due 09/17/2010. Appellant briefs and excerpts due by 10/27/2010 for Rafic Labboun. Appellee brief due 11/26/2010 for USA. Appellant's optional reply brief is due 14 days after service of the answering brief. [7435909] (WF)
08/18/2010

 2 


4 pg, 229.83 KB
Filed clerk order (Deputy Clerk:DV): Counsel is responsible for prosecuting this appeal, even though aplt filed a pro se noa. If counsel wishes to withdraw, counsel must, within 21 days, file a motion in accordance with 9th Cir. R. 4-1(c). In the absence of a motion to withdraw, the previously established briefing schedule shall remain in effect. Appellant’s pro se request for counsel, contained within the notice of appeal, is held in abeyance.

The Clerk shall serve this order and a Form CJA 23 on counsel Reichel. The Clerk shall also serve this order and a Form CJA 23 on appellant individually at Booking No. CN2018, Santa Clara County Jail, San Jose, California 95110.

[7444107] (BJB)
08/23/2010

 3 

Entered appearance of Appellee United States of America — Court correction of docket. [7448170] (ASW)
08/23/2010

 4 


4 pg, 40.06 KB
Filed (ECF) Appellant Rafic Labboun Motion for appointment of counsel. Date of service: 08/23/2010. [7448514] (MJR)
08/25/2010

 5 


4 pg, 230.04 KB
Filed clerk order (Deputy Clerk:AL): Court records show that counsel Mark J. Reichel, Esq., was retained to represent defendant before the district court. It appears that counsel has not been granted leave to withdraw by the district court or this court. Accordingly, the Clerk has entered Mark J. Reichel, Esq., 455 Capitol Mall, 3rd Floor, Sacramento, CA 95814, (916)498-9258, on the docket as retained counsel of record. See 9th Cir. R. 4-1(a).

Retained counsel has the duty to ascertain whether the defendant wishes to appeal and to file a notice of appeal upon the defendant's request. See id. Counsel also has the duty to continue to represent the defendant on appeal until counsel is granted leave to withdraw by this court. See id. Therefore, even though defendant filed a pro se notice of appeal, counsel Reichel remains responsible for prosecuting this appeal. If counsel wishes to withdraw, counsel must, within 21 days, file a motion in this court accompanied by a statement of reasons and proof of service on defendant showing defendant’s current address and including: (1) a substitution of counsel showing that new counsel has been retained to represent defendant; or (2) a motion for appointment of counsel, accompanied by a completed financial affidavit (Form CJA 23), if defendant is financially unable to obtain representation on appeal; or (3) a motion by defendant to proceed pro se; or (4) an affidavit or signed statement from defendant showing that defendant has been advised of defendant’s rights with regard to the appeal and expressly stating that defendant wishes to dismiss the appeal voluntarily. See 9th Cir. R. 4-1(c). A review of the court’s docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall: (1) pay to the district court the $455.00 filing and docketing fees for this appeal and file in this court proof of such payment; or (2) file in this court a motion to proceed in forma pauperis accompanied by a completed Form CJA 23. Failure to pay the fees or file a motion to proceed in forma pauperis may result in the dismissal of this appeal for failure to prosecute. See 9th Cir. R. 42-1. Appellant’s request for appointment of counsel, contained in the notice of appeal, is held in abeyance pending compliance with this order. In the absence of a motion to withdraw, the previously established briefing schedule shall remain in effect. The Clerk shall serve this order and a Form CJA 23 on counsel Reichel and on appellant individually at Reg. No. 11053-111, Federal Correctional Institution Dublin, 5701 8th Street - Camp Parks, Dublin, CA 94568.

[7451455] (KKW)
08/25/2010

 6 


1 pg, 22.54 KB
Filed clerk order (Deputy Clerk:DJV): The court vacates its August 25, 2010 order.

Appellant’s motion to proceed in forma pauperis and for the appointment of counsel will be addressed by separate order.

[7451890] (KKW)
09/23/2010

 7 


2 pg, 30.34 KB
Filed (ECF) Appellant Rafic Labboun Correspondence: Amended Proof OF Service. Date of service: 09/23/2010 [7484815] (MJR)
09/23/2010

 8 


1 pg, 115.35 KB
Received Appellant Rafic Labboun addendum to , motion for appointment of counsel served on 09/03/2010 [7485366] (MT)
09/23/2010

 9 

Deleted Incorrect Docket Entry; filed in wrong case. (MT)
09/29/2010

 10 


3 pg, 111.41 KB
Filed order (Appellate Commissioner) The motion of retained counsel Mark J. Reichel, Esq., to withdraw as retained counsel of record and to be appointed as appellate counsel is granted.

Appellant’s submission of a completed Form CJA 23 is construed as a motion to proceed in forma pauperis. So construed, the motion is granted. The Clerk shall amend the court’s docket to reflect that Mark J. Reichel, Esq., is appointed counsel of record. Counsel shall designate the reporter’s transcripts by November 1, 2010. The transcript is due December 1, 2010. Appellant’s opening brief and excerpts of record are due January 10, 2011; appellee’s answering brief is due February 9, 2011; and the optional reply brief is due 14 days after service of the answering brief. The Clerk shall serve a Form CJA 24 on counsel Reichel. See 28 U.S.C. § 753(f). If appellant seeks transcripts of proceedings requiring special authorization, that authorization should be obtained from the district court. See 6 Guide to Judiciary Policy § 550.40. Upon filing of the transcripts, the court reporter shall submit the Form CJA 24 to this court for payment. The Clerk shall amend the court’s docket to reflect that appellant is now proceeding in forma pauperis. The Clerk shall serve this order on former counsel. The Clerk shall also serve this order on appellant individually at Reg. No. 11053-111, United States Penitentiary, P.O. Box 5300, Adelanto, California 92301.

. (MOATT Direct Criminal) [7491558] (DL)
09/29/2010

 11 

Terminated Mark Joseph Reichel, Esq., as retained counsel for Rafic Labboun in 10-10383. [7491571] (DL)
09/29/2010

 12 

Added attorney Mark Joseph Reichel, Esq., as CJA counsel of record for Rafic Labboun, in case 10-10383. [7491577] (DL)
12/17/2010

 13 

Criminal Justice Act vouchers (CJA 20 & 24) sent to Attorney Mr. Mark Joseph Reichel for Appellants Rafic Labboun and Rafic Labboun [7584141] (DO)
01/11/2011

 14 


5 pg, 40.32 KB
Filed (ECF) Appellant Rafic Labboun Motion to file a late brief. Date of service: 01/11/2011. [7608578] (MJR)
01/14/2011

 15 


1 pg, 23.32 KB
Filed clerk order (Deputy Clerk:AMT): Appellant’s unopposed late motion for a 36-day extension of time to file the opening brief is granted. The opening brief is due February 15, 2011. The answering brief is due March 17, 2011. The optional reply brief is due within 14 days after service of the answering brief. [7612841] (KKW)
02/16/2011

 16 


4 pg, 37.84 KB
Filed (ECF) Appellant Rafic Labboun Motion to extend time to file Opening brief until 03/03/2011. Date of service: 02/16/2011. [7651694] (MJR)
02/24/2011

 17 


1 pg, 22.34 KB
Filed order (Appellate Commissioner) Appellant’s late motion for a second extension of time to file the opening brief is granted. The opening brief is due March 3, 2011. The answering brief is due April 4, 2011. The optional reply brief is due within 14 days after service of the answering brief. (Pro Mo) [7659301] (LRB)
03/03/2011

 18 


4 pg, 40.41 KB
Filed (ECF) Appellant Rafic Labboun Motion to extend time to file Opening brief until 03/21/2011. Date of service: 03/03/2011. [7667625] (MJR)
03/09/2011

 19 


1 pg, 22.24 KB
Filed order (Appellate Commissioner)Appellant’s unopposed late motion for an extension of time to file the opening brief is granted. The opening brief is due March 21, 2011. The answering brief is due April 20, 2011. The optional reply brief is due within 14 days after service of the answering brief. (Pro Mo) [7674851] (LRB)
03/22/2011

 20 


33 pg, 241.75 KB
Filed (ECF) Appellant Rafic Labboun Motion to extend time to file Opening brief until 03/28/2011 at 04:30 pm. Date of service: 03/22/2011. [7690850] (MJR)
03/24/2011

 21 


1 pg, 25.6 KB
Filed order (Appellate Commissioner) Appellant’s late motion for a fourth extension of time to file the opening brief is granted. The opening brief is due March 28, 2011. The answering brief is due April 27, 2011. The optional reply brief is due within 14 days after service of the answering brief. This order was issued prior to the expiration of time within which a response may be filed. See Fed. R. App. P. 27(b). (Pro Mo) [7693043] (LRB)
03/29/2011

 22 


3 pg, 39.85 KB
Filed (ECF) Appellant Rafic Labboun Motion to extend time to file Opening brief until 04/04/2011. Date of service: 03/29/2011. [7698395] (MJR)
03/31/2011

 23 


1 pg, 141.06 KB
Received copy of District Court order filed on 03/21/2011 to appoint counsel for appellant. [7702421] (RL)

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