In a wire fraud prosecution, the court of appeals’ prior order relieving appointed counsel as a sanction for defendant’s misconduct is vacated where the order was not preceded by notice to defendant and an opportunity to respond.  Thus, the court of appeals’ prior dismissal of defendant’s appeal for failure to file a timely pro se brief is also vacated.

Read US v. Frankel, No. 06-1752

Appellate Information

Filed October 5, 2009

Decided December 21, 2009

Judges

Per Curiam

Counsel

For Appellant:

Martin Frankel, Big Spring, TX

For Appellee:

John H. Durham, Asst. U.S. Atty., New Haven, CT

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