In re: Under Seal

Filing 5

BRIEFING ORDER filed.. Opening brief and appendix due 10/03/2013. Response brief due 10/28/2013 [13-4625, 13-4626] (RW)

Filed: August 29, 2013

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
________________________________
BRIEFING ORDER - CRIMINAL/GRAND JURY
_________________________________
No. 13-4625 (L),

In re: Under Seal
1:13-sw-00522-CMH-1, 1:13-dm-00022-CMH-1

Briefing shall proceed on the following schedule:
Appendix due: 10/03/2013
Opening brief due: 10/03/2013
Response brief due: 10/28/2013
Reply brief permitted within 10 days of service of response brief.
The briefs and appendix must conform to the Fourth Circuit Brief & Appendix
Requirements (available as a link from this order and at www.ca4.uscourts.gov).
All parties to a side must join in a single brief, even in consolidated cases, unless
the court has granted a motion for leave to file separate briefs pursuant to Local
Rules 28(a) and 28(d).
Failure to file an opening brief within the scheduled time may lead to imposition of
sanctions against court-appointed counsel or dismissal of the case pursuant to Local
Rule 45 for failure to prosecute; failure to file a response brief will result in loss of
the right to be heard at oral argument. The court discourages motions for extension
of time and grants extensions of the briefing schedule only in extraordinary
circumstances upon a showing of good cause. Local Rule 31(c). If a brief is filed
after its due date, the time for filing subsequent briefs will be extended by the
number of days the brief was late.
Pursuant to Local Rule 34(a), the court may, on its own initiative and without prior
notice, screen an appeal for decision on the parties' briefs without oral argument. If

a case is selected for the oral argument calendar, counsel will receive notice that the
case has been tentatively calendared for a specific court session approximately two
months in advance of the session.
Anders Procedures: If defendant's counsel finds no appealable issue and therefore
intends to file a brief under Anders v. California, 386 U.S. 738 (1967), the
following procedures apply:
(1) If the Anders brief is being filed in a consolidated case in which codefendants are not proceeding under Anders, counsel must prepare a separate
opening brief and move to deconsolidate the Anders appeal.
(2) An Anders brief that simply states there are no appealable issues is
insufficient--rather, counsel's opening brief must identify any arguable issues with
appropriate record citations and state, in a brief discussion with case citation, why
such issues lack merit.
(3) Because counsel must review the entire record in an Anders appeal,
counsel must order all transcript in the case, including pre-trial, trial, guilty plea,
and sentencing proceedings. It is not necessary to order arraignments, bail hearings,
voir dire, or opening and closing arguments unless those portions of the record
might support an arguable issue on appeal. Since the court must review the entire
record, an appendix is unnecessary, and copying expenses for an Anders appendix
are not recoverable under the Criminal Justice Act, although the costs for providing
transcripts to the defendant are reimbursable.
(4) Counsel must file a certificate of service of Anders brief on defendant,
stating that the defendant has been provided with a copy of the Anders brief and
advised of his right to file a supplemental pro se brief within 30 days. If the
defendant is not English-speaking, the certificate must also state that the substance
of the Anders brief and the right to file a supplemental pro se brief have been
communicated to the defendant in a language the defendant understands. CJA
counsel must obtain court authorization based upon the estimated costs of necessary
interpreter or translator services before securing such services under the Criminal
Justice Act.
The Anders procedures do not apply to hybrid briefs in which counsel raises
meritorious issues as well as Anders issues, and counsel filing a hybrid brief should
not advise his client that he has a right to file a pro se supplemental brief.
/s/ PATRICIA S. CONNOR, CLERK
By: RJ Warren, Deputy Clerk