UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA
August 23, 2007
RE: UNITED STATES
The opinion of the court was delivered by: Edwin M. Kosik Judge
WILLIAM J. NEALON FEDERAL BLDG. & U.S. COURTHOUSE 235 N. WASHINGTON AVE., P.O. BOX 856 SCRANTON, PA 18501-0856 Chambers_of_Judge_Ed win_M._Kosik@pamd.uscourts.gov TEL. (570) 207-5730 FAX (570) 207-5739
Michael Curtis Reynolds Lackawanna County Prison 1371 North Washington Avenue Scranton, PA 18509
Dear Mr. Reynolds:
In response to your most recent correspondence, we spoke with Attorney David Cherundolo and asked if he could meet with you to determine if he will be appointed as your standby counsel since you continue to persist in wanting to represent yourself. He contacted the court and said he had a cordial meeting with you and is in the process of acquiring whatever you need pursuant to your discussions with him.
There remain a number of other matters which I wish to take up with you. First, on July 20 th, Attorney O'Brien filed a motion to withdraw and also to extend time for you to file post-trial motions to August 20, 2007. The docket reflects that on July 24 th, you filed two motions for acquittal because the evidence did not support the verdict of guilty and that your due process rights were denied.
You filed a notice of appeal on July 23 rd and on July 31 st; the first under §2255, and the second, an appeal to the Third Circuit Court of Appeals. With respect to the latter, this court filed an opinion with an appropriate citation that your §2255 motion was premature since you have not been sentenced. We understand that the United States Court of Appeals has acknowledged your appeal but also tells you it is premature since you have not been a subject of a judgment of sentence.
On August 9 th, you filed a motion for arrest of judgment which incidentally must be filed within seven days after the verdict. Regardless, its purpose is attacking the illegality of the prosecution. In the same context, on August 13 th, you filed a habeas corpus ad "testimonium" which is directly related to your motions for arrest of judgment. You seek to give testimony on the question of venue and prosecutorial misconduct. Of course, these are matters for appeal.
Under the circumstances outlined above, your outstanding motions are without merit at this time. I know you disagree with everything we do, but this will all have to be reviewed by some appellate court sometime in the future.
Edwin M. Kosik United States District Judge
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