United States v. Robert Eberhart


PER CURIAM OPINION FILED - THE COURT: JAMES B. LOKEN, DIANA E. MURPHY and STEVEN M. COLLOTON (UNPUBLISHED); denying [3796496-2] motion for appointment of counsel filed by Appellant Robert Eberhart.; Granting [3764668-2] motion to withdraw as counsel filed by Brian S. Witherspoon, on the condition counsel informs appellant about the procedures for seeking rehearing from this court and filing a petition for writ of certiorari from the Supreme Court. [3805481] [10-3392]

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United States Court of Appeals For The Eighth Circuit Thomas F. Eagleton U.S. Courthouse 111 South 10th Street, Room 24.329 St. Louis, Missouri 63102 VOICE (314) 244-2400 FAX (314) 244-2780 www.ca8.uscourts.gov Michael E. Gans Clerk of Court July 08, 2011 Mr. Brian S. Witherspoon FEDERAL PUBLIC DEFENDER'S OFFICE 1010 Market Street Suite 200 St. Louis, MO 63101-0000 RE: 10-3392 United States v. Robert Eberhart Dear Counsel: The court has issued an opinion in this case. Judgment has been entered in accordance with the opinion. The opinion will be released to the public at 10:00a.m. today. Please hold the opinion in confidence until that time. Please review Federal Rules of Appellate Procedure and the Eighth Circuit Rules on postsubmission procedure to ensure that any contemplated filing is timely and in compliance with the rules. Note particularly that petitions for rehearing and petitions for rehearing en banc must be received in the clerk's office within 14 days of the date of the entry of judgment. Counsel-filed petitions must be filed electronically in CM/ECF. Paper copies are not required. No grace period for mailing is allowed, and the date of the postmark is irrelevant for pro-se-filed petitions. Any petition for rehearing or petition for rehearing en banc which is not received within the 14 day period for filing permitted by FRAP 40 may be denied as untimely. Michael E. Gans Clerk of Court MER Enclosure(s) cc: Mr. Robert Eberhart Mr. Cristian M. Stevens Mr. James G. Woodward District Court/Agency Case Number(s): 4:10-cr-00114-HEA-2 Appellate Case: 10-3392 Page: 1 Date Filed: 07/08/2011 Entry ID: 3805481

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