NOTICE of Appeal

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

AttachmentDateSize
[file] NoticeAppeal.pdf06/28/09 1:05 pm43.62 KB

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