Minute QOrdys Fosrn (0093)

United States District Court, Northern District of Tlinois

Name of Assigned Judge
or Magistrate Judge

Sitting Judge if Other
than Assigned Judge

Milton I. Shadur

CASE NUMBER 03 CR 1009 DATE 9/8/2004
CASE USA vs. Noel Santiago-Ochoa
‘TITLE
[la the following box (a) indicate the party filing the motion, e.g, plaintiff, defendant, 3¢d party plaintiff, and (b) state briefly the nature
MOTION: of the motiun being presented]

DOCKET ENTRY:

ql) a Filed motion of [ use listing in “Motion” box above.]
(2) QO Brief in support of motion due
Bg) ‘Answer brief to motion due . Reply to answer brief due
(4) Oo Ruling/Ilearing on set for at
6 a Status hearing|held/continued to| (set for/re-sel for) on ___ set for al
(6) 0 Pretrial conference[held/continued to] [set for/re-set for] on set for at .
(7) o Trial[set for/re-set for] on at
(8) Oo [Bench/Jury trial] [Ilearing] held/continued to at
(9) Oo This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OFRCP4(m) CO Local Rule 41.1 OFRCP41(a)(1) OO FRCP41(a)(2).
cdo) (Other docket entry] Enter Memorandum Order. Santiago’s motion to proceed on appeal in forma
pauperis is granted. (35-1) Santiago’s motion for appointment of counsel to represent him on appeal is
granted. (34-1) This Court respectfully recommends that Attorney Gerardo Gutierrez be appointed as
appellate counsel by the Court of Appeals.
da) (For further detail see order attached to the original minute order.]
No notices required, advised in open court, Document:
Number’
No notices required, umber af noriges :
| Notices mailed by judge's staff,

Notified counsel by telephone,

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Copy to judge/magistrate judge.
9/8/2004

date mailed novice

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initials

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

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}
)
Vv. ) 03 CR 1009
}
NOEL SANTIAGO-OCHOA, )
Defendant.
MEMORANDUM ORDER

Noel Santiago-Ochoa (“Santiago”) has filed a notice of
appeal from his conviction and sentencing before this Court
{Santiago had entered into a plea agreement that provided for a
conditional guilty plea, reserving his right to appeal this
Court’s April 22, 2004 denial of his motion to dismiss the
indictment). Based on the representations contained in
Santiago’s motion to proceed on appeal in forma pauperis, this
Court grants leave to do so -- although this Court will have to
receive the printout of transactions in Santiago’s prison trust
fund account in order to make the calculations called for by 28
U.S.C. § 1915. Accordingly Gerardo Gutierrez, Esq., Santiago’s
appointed counsel who ably represented him before this Court, is
requested to obtain and provide a copy of that printout as soon
as possible.

Santiago has also moved for the appointment of counsel to

represent him on appeal. To the extent that it is appropriate

for this Court rather than our Court of Appeals to address that



subject, this Court finds that motion well taken. It also
respectfully recommends that Attorney Gutierrez be appointed as

appellate counsel by the Court of Appeals.

Milton I. Shadur
Senior United States District Judge

September 8, 2004

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