United States Second Circuit

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.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

• PER CURIAM:, Before:  NEWMAN, WINTER, CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Martin Frankel, Big Spring, TX, pro se.


• For Appellees:
  
• John H. Durham, Asst. U.S. Atty., New Haven, CT, for Appellee.