Why is the Denver Court of Appeals Withholding the Ruling on U.S. vs. Banks, Case# 11-1487 sent back to their office in May 2013?

“IRP6 case with over 200+ pages of missing transcript was assigned to an Appellate Court Panel, who has ruled on several other cases submitted, around the same time or after the IRP6 case.”

On 2/25/14 – A Just Cause Representative, Ethel Lopez spoke with Judge Hartz’s Judicial Assistant, Claudette and was told the following: “When case are done, they are sent back to Colorado, Denver Court of Appeals office and for status to contact their office at 303-844-3157. Ms. Lopez contacted the Denver Court of Appeals office and spoke with Clerk, Doug Cressler, who told her they received the case back in their office in May 2013. It is now, 11 months later, since IRP6 case was sent back to 10th Circuit Court of Appeals office in Denver and IRP6 Attorneys have still not been notified of decision!

APPELLATE JUDGE BALDOCK PRESIDED OVER THESE CASES

Case # Case Name Date Case Submitted To

Judges

Answer Date From Judges

Case Type What is being Appealed Ruling

13-3100 Hunt v. Riverside May 24 – June 10, 2013?

September 5, 2013

Civil, private 1. Employment discrimination claim 2. Wrongful termination and race discrimination and hostile work environment based on race in violation of Title VII, of the Civil Rights Act of 1964

Affirmed. Terminated on the merits after submissions without oral hearing. Judges: Hartz, Baldock (authoring judge) and Gorsuch.

13-3015 U.S. v. Rosario July 25, 2013? August 20, 2013

Criminal, Direct criminal

1. Length of sentence

Affirmed. Terminated on the merits after submissions without oral hearing.

12-6291 U.S. v. Collins June 28, 2013? August 14, 2013

Criminal, Direct criminal

1. District court’s denial of motion to suppress evidence against him

Affirmed. Terminated on the merits after submissions without oral hearing.

13-4006 U.S. v. Delgadillo July 2013? August 5, 2013 Criminal, Other

1. District court’s denial of 591 motion Affirmed. Terminated on the merits after submissions without oral hearing

13-5003 U.S. v. Ijom-Brito May 8, 2013? July 29, 2013 Criminal, Direct criminal

There was no merit for appeal Dismissed; Terminated on the merits after submissions without oral hearing

12-1464 U.S. v. Perez-Ramos

May 1, 2013? May 31, 2013 Criminal, Direct criminal

1. District court’s rejection of Defendant’s request for a concurrent sentence

Affirmed; Terminated on the merits after submissions without oral hearing

12-4001 U.S. v. Mackay January 18, 2013

April 30, 2013 Criminal, Direct criminal

1. The sufficiency of the evidence underlying several counts of his conviction. 2. He also challenges certain jury instructions, admission of an exhibit and expert testimony, and the legality of his sentence.

Affirmed in Part and Remanded; Terminated on the merits after oral hearing. Affirmed the district court’s judgment of conviction, but remand for re-sentencing.

Why is the Denver Court of Appeals Withholding the Ruling on U.S. vs. Banks, Case# 11-1487 sent back to their office in May 2013?

“IRP6 case with over 200+ pages of missing transcript was assigned to an Appellate Court Panel, who has ruled on several other cases submitted, around the same time or after the IRP6 case.”

On 2/25/14 – A Just Cause Representative, Ethel Lopez spoke with Judge Hartz’s Judicial Assistant, Claudette and was told the following: “When case are done, they are sent back to Colorado, Denver Court of Appeals office and for status to contact their office at 303-844-3157. Ms. Lopez contacted the Denver Court of Appeals office and spoke with Clerk, Doug Cressler, who told her they received the case back in their office in May 2013. It is now, 11 months later, since IRP6 case was sent back to 10th Circuit Court of Appeals office in Denver and IRP6 Attorneys have still not been notified of decision!

APPELLATE JUDGE HARTZ PRESIDED OVER THESE CASES

Case # Case Name Date Case Submitted To

Judges

Answer Date From Judges

Case Type What is being Appealed Ruling

11-6225 Dodd v. Trammell

May 6, 2013 September 16, 2013

Prisoner appeal, State, Habeas corpus-death penalty

1. Implicit request for panel rehearing Affirmed in Part, Reversed in Part and Remanded; Terminated on the merits after oral hearing. Amendment to opinion filed on 10/16/13

12-7053 U.S. v. Naramor May 6, 2013 August 12, 2013

Criminal, Direct criminal

1. Petition for rehearing Affirmed. Terminated on the merits after oral hearing

13-7025 Williams v. Ezell May 28, 2013? August 7, 2013 Prisoner appeal, State, Civil rights

1. The district court’s grant of summary judgment to all Defendants

Affirmed in Part and Vacated in Part

12-2084 U.S. v. Sanchez May 7, 2013 August 5, 2013 Criminal, Direct criminal

1. Conviction of one count of possession with intent to distribute 100 kilograms or more of marijuana 2. Sentence of 78 months’ imprisonment

Affirmed; Terminated on the merits after oral hearing. Judges: Hartz, (authoring judge); Baldock and Holmes

12-2150 U.S. v. Castaneda June 19-20? July 31, 2013

Criminal, Direct criminal

1. Conviction of two drug charges 2. 70 months prison sentence

Affirmed; Terminated on the merits after submissions without oral hearing

13-4009 U.S. v. Amaya April 29 – May 13, 2013?

July 29, 2013 Criminal, Direct criminal

1. Denial of motion to suppress evidence

Affirmed; Terminated on the merits after submissions without oral hearing

Why is the Denver Court of Appeals Withholding the Ruling on U.S. vs. Banks, Case# 11-1487 sent back to their office in May 2013?

“IRP6 case with over 200+ pages of missing transcript was assigned to an Appellate Court Panel, who has ruled on several other cases submitted, around the same time or after the IRP6 case.”

On 2/25/14 – A Just Cause Representative, Ethel Lopez spoke with Judge Hartz’s Judicial Assistant, Claudette and was told the following: “When case are done, they are sent back to Colorado, Denver Court of Appeals office and for status to contact their office at 303-844-3157. Ms. Lopez contacted the Denver Court of Appeals office and spoke with Clerk, Doug Cressler, who told her they received the case back in their office in May 2013. It is now, 11 months later, since IRP6 case was sent back to 10th Circuit Court of Appeals office in Denver and IRP6 Attorneys have still not been notified of decision!

13-1113 U.S. v. Tena-Arana

May 31, 2013? July 24, 2013 Criminal, Direct Criminal

1. The substantive reasonableness of his sentence.

Affirmed; Terminated on the merits after submissions without oral hearing

11-3366 U.S. v. Dunbar March 7, 2013 June 17, 2013 Criminal, Direct criminal

1. Distribution conviction 2. The revocation of supervised release

Affirmed. Terminated on the merits after oral hearing Judges: Hartz (authoring judge), Baldock, and Gorsuch

12-3023 U.S. v. Baker March 7, 2013 April 11, 2013 Criminal, Direct criminal

1. Appealing convictions of robbery affecting commerce, use of a firearm in relation to a crime of violence, and being a convicted felon in possession of a firearm

Affirmed; Terminated on the merits after oral hearing Judges: Hartz (authoring judge), Baldock and Gorsuch

APPELLATE JUDGE HOLMES PRESIDED OVER THESE CASES

Case # Case Name Date Case Submitted To

Judges

Answer Date From Judges

Case Type What is being Appealed Ruling

11-3317 U.S. v. Brooks November 6, 2012

August 29, 2013

Criminal, Direct criminal

1. Conviction of armed robbery

Affirmed. Terminated on the merits after oral hearing

12-3261 U.S. v. Jones May 6, 2013 July 25, 2013 Criminal, Direct criminal

1. Application of mandatory minimums to his sentence

Affirmed; Terminated on the merits after oral hearing

12-3250 U.S. v. Cooper May 8, 2013 July 19, 2013 Criminal, Direct criminal

1. Application of mandatory minimums to his sentence

Affirmed in part; Reversed in part; Remanded