UNITED STATES DISTRICT COURT
for the District of Minnesota
NOTICE OF APPEAL
USCA 8 NO ______________________
United States of America,
Plaintiff,
v.
Christopher William Smith,
Defendant.
05-282 (MJD/JJG)
District Court Docket Number
Honorable Michael J. Davis
U.S. District Court Judge
Notice is given that Christopher Smith appeals to the United States Court of Appeals for the Eighth Circuit from the Judgment & Commitment Order entered in this action on August 6, 2007.
s/ Katherine M. Menendez
Signature of Defendant's Counsel
Katherine M. Menendez
Attorney ID No. 278014
300 South Fourth Street
Street Address / Room Number
612-664-5858
Telephone Number
Minneapolis, MN 55415
City, State, Zip
August 16, 2007
Date
TRANSCRIPT ORDER FORM
TO BE COMPLETED BY ATTORNEY FOR APPELLANT
x Please Prepare a transcript of: 9 I am not ordering a transcript because
x Pre Trial Proceedings 9 Previously filed
x Testimony or 9 Other (Specify):
__ Portions thereof:
X Trial Proceedings (include opening statements, closing arguments, and jury instructions)
x Post Trial Proceedings
__ Change of Plea
x Sentencing
__ Other (Specify):
CERTIFICATE OF COMPLIANCE
Appellant hereby certifies that copies of this notice of appeal/transcript order form have been filed/served upon U.S. District Court, court reporter, and all counsel of record, and that satisfactory arrangements for payment of costs of transcripts ordered have been made with the court reporter. (FRAP 10(b)).
Method of Payment: ___ Funds, X Authorization sent to reporter.
Attorney's Signature s/ Katherine M. Menendez Date August 16, 2007
NOTE: Complete All Items on Following Page(s)
-2-
INFORMATION SHEET
TO BE COMPLETED BY ATTORNEY FOR APPELLANT
1. Defendant's Address: Christopher William Smith
2. Date of Verdict: November 22, 2006 Jury X Non-Jury __
Offenses: Aiding and abetting unlawful distribution and dispensing of controlled substances. Aiding and abetting introduction of misbranded drugs into interstate commerce, conspiracy to commit money laundering.
21 USC 841(a)(1) & (b)(1)(D); 21 CFR 1306.04; 18 USC 2; 21 USC 331(a), 333(a)(2), 353(b)(1), 18 USC 1956(h), 21 USC 848(a) and (c)
Trial Testimony Number of Days: 22 Bail Status: Detained
3. Date & Sentence Imposed: August 1, 2007 / 360 months
4. Appealing: Sentence __ Conviction __ Both X
Challenging: __ Application of Sentencing Guidelines
__ Constitutionality of Guidelines
X Both Application and Constitutionality
5. Date Transcript ordered by Counsel or District Court: August 16, 2007
Stenographer in Charge:
(Name, Address, Phone)
Lori Simpson, Official Court Reporter,
Minneapolis, MN
6. Current Counsel Was: x Appointed (no fee required) ___ Retained (filing fee $105 unless IFP granted)
Does Defendant's financial status warrant appointment of counsel on appeal? X Yes __ No
Affidavit of Financial Status filed: N/A
Is there any reason why current counsel should not be appointed as counsel on appeal? __ Yes X No
7. Assistant U.S. Attorney Name and Phone Number: James Alexander and Nicole Engisch
612-664-5600
UNITED STATES DISTRICT COURT
District of Minnesota
REVISED INFORMATION SHEET - Criminal Cases Only
1. United States of America -v- Christopher William Smith CR 05-282 (1) MJD/JJG
2. Defendant and Address: Christopher William Smith
Reg No. 12310-041
5329 Osgood Avenue North
Stillwater MN 55082-1117
3. Date of verdict: 11/22/06. Length of trial: 19 days. (x) By jury
4. Appealing: (x) Sentence (x) Conviction (x) Both. Challenging: Both Application and Constitutionality
5. Sentence: Custody of BOP for Custody of BOP for 60 months on count 2sss, 60 months on count 3sss, 60 months on count 4sss, 36 months on count 5sss, 36 months on count 6sss, 36 months on count 7sss, 240 months on count 8sss and 360 months on count 9sss all terms to run concurrently; 5 years supervised release on counts 2sss, 3sss, 4sss, 1 year supervised release on counts 5sss, 6sss and 7sss, 3 years supervised release on count 8sss and 5 years on count 9sss, all such terms to run concurrently; $800.00 special assessment ($100 per count for counts 2sss-9sss)
6. Date sentence imposed: 8/1/07
7. Defendant incarcerated? (x) Yes
8. Financial Status: Fee paid? (x) N/A Counsel appointed by Judge Davis, see Minutes filed 8/16/07, document number 402, and Order by Judge Davis filed 8/17/07, document number 404.
9. Notice of Appeal was filed on 8/16/07
10. Court Reporter: Lori Simpson
11. Trial Counsel: Joseph S Friedberg
Joseph S Friedberg, Chartered
150 S 5th St Ste 320
Mpls, MN 55402
(612) 339-8626
Fax: 612-339-8627
Email: [redacted]@hotmail.com
-2-
Judge Davis granted the Motion to appoint Federal Defender on 8/16/07. Judge Davis signed an Order 8/17/07 appointing Katherine Menendez to represent the defendant.
The Notice of Appeal was filed by Katherine Menendez
Katherine Menendez
Office of the Federal Defender
300 S 4th St Ste 107
Mpls, MN 55415
612-664-5858
Fax: 612-664-5850
Email: [redacted]@fd.org
12. Trial counsel was: (x) Retained APPEAL COUNSEL WAS: APPOINTED BY JUDGE DAVIS
Is there any reason why trial counsel should not be appointed on appeal? (x) No
13. Assistant U.S. Attorney: Nicole A. Engisch PHONE #: (612) 664-5600
14. List of other defendants in this case & disposition:
Philip Mach (2), Sentenced on 5/10/07
Bruce Jordan Lieberman (3), Acquitted on 11/27/06
Daniel Spivey Adkins (4), Acquitted on 11/27/06
Darrell Arden Griepp (5), Sentenced on 8/1/07
15. Additional Comments:
Probation-Please send the PSI, addendums and Statement of Reasons to the Criminal Unit (STP).
Prepared by: lg
BRIEFING SCHEDULE SET: Transcript due on 09/25/2007. Clerk's record due 09/25/2007. Brief of appellant due on 10/09/2007. Appellee(s) brief due 21 days following service of appellant(s) brief. Reply brief due 7 days following service of appellee brief.[3344664] [07-2956]
[UPDATE]: CLERK ORDER:Granting in Part [3355191-2] Court Reporter motion extension of time to file transcript filed by Ms. Lori Ann Simpson [3356100] [3356100] Transcript due on 11/26/2007. Appellant brief due 12/10/2007. [07-2956]
[UPDATE]: CLERK ORDER:Granting [3388416-2] Court Reporter motion extension of time to file transcript filed by Ms. Lori Ann Simpson. Transcript now due on 05/20/2008. Brief of Christopher William Smith due 06/03/2008 [3388698] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3436362-2] Court Reporter motion extension of time to file transcript filed by Ms. Lori Ann Simpson. Transcript due on 06/23/2008. Brief of Christopher William Smith due 07/14/2008 [3436436] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3451554-2] motion for extension of time to file brief filed by Appellant Mr. Christopher William Smith. Brief of Christopher William Smith due 08/14/2008 [3451571] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3461435-2] motion for extension of time to file brief filed by Attorney Ms. Katherine M. Menendez for Appellant Mr. Christopher William Smith. Brief of Christopher William Smith due 09/15/2008 [3461653] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3469558-2] motion for extension of time to file brief filed by Attorney Ms. Katherine M. Menendez for Appellant Mr. Christopher William Smith. Brief of Christopher William Smith due 10/06/2008 [3469786] [07-2956]
Here is the 109 page appeal brief filed by Christopher "Rizler" Smith. I'm still reading through it myself. More when I'm done.
BRIEFING SCHEDULE SET: Transcript due on 09/25/2007. Clerk's record due 09/25/2007. Brief of appellant due on 10/09/2007. Appellee(s) brief due 21 days following service of appellant(s) brief. Reply brief due 7 days following service of appellee brief.[3344664] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3388416-2] Court Reporter motion extension of time to file transcript filed by Ms. Lori Ann Simpson. Transcript now due on 05/20/2008. Brief of Christopher William Smith due 06/03/2008 [3388698] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3436362-2] Court Reporter motion extension of time to file transcript filed by Ms. Lori Ann Simpson. Transcript due on 06/23/2008. Brief of Christopher William Smith due 07/14/2008 [3436436] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3451554-2] motion for extension of time to file brief filed by Appellant Mr. Christopher William Smith. Brief of Christopher William Smith due 08/14/2008 [3451571] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3461435-2] motion for extension of time to file brief filed by Attorney Ms. Katherine M. Menendez for Appellant Mr. Christopher William Smith. Brief of Christopher William Smith due 09/15/2008 [3461653] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3469558-2] motion for extension of time to file brief filed by Attorney Ms. Katherine M. Menendez for Appellant Mr. Christopher William Smith. Brief of Christopher William Smith due 10/06/2008 [3469786] [07-2956]
BRIEFING SCHEDULE SET: Transcript due on 09/25/2007. Clerk's record due 09/25/2007. Brief of appellant due on 10/09/2007. Appellee(s) brief due 21 days following service of appellant(s) brief. Reply brief due 7 days following service of appellee brief.[3344664] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3388416-2] Court Reporter motion extension of time to file transcript filed by Ms. Lori Ann Simpson. Transcript now due on 05/20/2008. Brief of Christopher William Smith due 06/03/2008 [3388698] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3436362-2] Court Reporter motion extension of time to file transcript filed by Ms. Lori Ann Simpson. Transcript due on 06/23/2008. Brief of Christopher William Smith due 07/14/2008 [3436436] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3451554-2] motion for extension of time to file brief filed by Appellant Mr. Christopher William Smith. Brief of Christopher William Smith due 08/14/2008 [3451571] [07-2956]
[UPDATE]: CLERK ORDER:Granting [3461435-2] motion for extension of time to file brief filed by Attorney Ms. Katherine M. Menendez for Appellant Mr. Christopher William Smith. Brief of Christopher William Smith due 09/15/2008 [3461653] [07-2956]