United States v. Walter Villa

Filing

PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED); Granting [4327040-2] motion to withdraw as counsel filed by Mr. Chad Douglas Primmer. [4379622] [15-2370]

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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 March 21, 2016 Mr. Walter Raul Villa U.S. PENITENTIARY 00616-180 P.O. Box 3900 Adelanto, CA 92301 RE: 15-2370 United States v. Walter Villa Dear Sir: 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 10:00 a.m. today. Please hold the opinion in confidence until that time. Your attorney has been granted leave to withdraw. Please review Federal Rules of Appellate Procedure and the Eighth Circuit Rules on post-submission procedure to ensure that any contemplated filing is timely and in compliance with the rules. A notice is attached to this letter, notifying you of the procedures. Michael E. Gans Clerk of Court AMT Enclosure(s) cc: Mr. John H. Lammers Mr. Rob Phelps Mr. Chad Douglas Primmer District Court/Agency Case Number(s): 5:14-cr-04073-MWB-2 Appellate Case: 15-2370 Page: 1 Date Filed: 03/21/2016 Entry ID: 4379622 Notice to Pro Se Litigants in Anders Cases The court has issued its opinion in your appeal and has permitted your attorney to withdraw from the case. The court treated this appeal as an Anders case. Section V of the Eighth Circuit's Plan to Implement the Criminal Justice Act of 1964, effective August 1, 2015, provides as follows: Where counsel is granted leave to withdraw pursuant to the procedures of Anders v. California, 386 U.S. 738 (1967), and Penson v. Ohio, 488 U.S. 75 (1988), counsel's duty of representation is completed, and the clerk's letter transmitting the decision of the court will notify the defendant of the procedures for filing pro se a timely petition for panel rehearing, a timely petition for rehearing en banc, and a timely petition for writ of certiorari. This notice will provide you with information about these procedures. Under Federal Rule of Appellate Procedure 40(a)(1) and Federal Rule of Appellate Procedure 35(c), a petition for rehearing and/or petition for rehearing en banc must be filed within 14 days of the date of the court's judgment. Please note that your petition for rehearing/and or petition for rehearing en banc must be received in the clerk's office within that 14-day period. No grace period is allowed for mailing, and the date of the post-mark is irrelevant. Any petition for rehearing and/or petition for rehearing en banc which is not received within that 14-day period for filing may be denied as untimely. Under Federal Rule of Appellate Procedure 35(b) (2) petitions for rehearing are limited to 15 pages. Only one copy is required. If you ask for an extension of time to file the petition for rehearing, your motion for extension of time must be received within the clerk's office within the 14 days allowed for filing the petition for rehearing. Under Eighth Circuit Rule 27A(15), the clerk may grant an extension of time not to exceed 14 days. You may seek a writ of certiorari from the Supreme Court of the United States without filing for rehearing in the court of appeals. You may also seek rehearing in the court of appeals and then seek certiorari if the court of appeals denies your petition for rehearing. Under Supreme Court Rule 13, a petition for a writ of certiorari in a criminal case is timely if it is filed with the Clerk of the Supreme Court within 90 days after the entry of the court of appeals' judgment. The rule also provides that if a timely petition for rehearing is filed with the court of appeals, the 90day period begins to run from the date the court of appeals denies the petition for rehearing. The petition for the writ of certiorari is filed directly with the Clerk of the Supreme Court of the United States. You may contact the Clerk at the following address: Clerk's Office Supreme Court Building 1 First Street, N.E. Washington, D.C. 200543 202-479-3000 Appellate Case: 15-2370 Page: 2 Date Filed: 03/21/2016 Entry ID: 4379622

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