Order Granting 34 Leave to Proceed in Forma Pauperis as to Dejane Reaniece Lattany — USA v. Lattany (Dkt. 35, D. Colo.)

Summary

In United States of America v. Dejane Reaniece Lattany, Criminal Case No. 23-cr-00074-NYW-1, Judge Nina Y. Wang grants pro se Defendant Dejane Reaniece Lattany's Motion and Affidavit for Leave to Proceed on Appeal, called the IFP Motion. The order explains that fees and costs associated with a direct criminal appeal fall under the standards of the Criminal Justice Act. It finds that the Defendant's declarations reflect that she is financially unable to pay retained counsel and qualifies to proceed on appeal without prepayment of fees or costs. The order is dated September 11, 2023.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
Judge Nina Y. Wang 
 
Criminal Case No. 23-cr-00074-NYW-1 
 
UNITED STATES OF AMERICA, 
 
 
Plaintiff, 
 
v. 
 
1. DEJANE REANIECE LATTANY, 
 
 
Defendant. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
This matter is before the Court on pro se Defendant Dejane Reaniece Lattany’s Motion 
and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 
24 in a Criminal Case (the “IFP Motion”).  [Doc. 34].  For the reasons below, the IFP Motion will 
be GRANTED. 
The fees and costs associated with a direct criminal appeal fall under the standards and 
procedures set forth under the Criminal Justice Act (“CJA”), 18 U.S.C. § 3006A.  United States v. 
Osuna, 141 F.3d 1412, 1414 (10th Cir. 1998).  Section 3006A(c) provides, “[i]f at any stage of the 
proceedings, including an appeal, the United States magistrate judge or the court finds that the 
person is financially unable to pay counsel whom [she] had retained, it may appoint counsel as 
provided in subsection (b) and authorize payment as provided in subsection (d), as the interests of 
justice may dictate.”  If a defendant who is entitled to the appointment of CJA counsel “appeals to 
an appellate court or petitions for a writ of certiorari, [she] may do so without prepayment of fees 
Case No. 1:23-cr-00074-NYW     Document 35     filed 09/11/23     USDC Colorado     pg 1
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and costs or security therefor and without filing the affidavit required by section 1915(a) of title 
28.”  18 U.S.C. § 3006A(d)(7). 
 
Defendant’s declarations in the IFP Motion reflect that she is financially unable to pay 
retained counsel and qualifies to proceed on appeal without prepayment of fees or costs.  See [Doc. 
34].  Thus, the Court will grant the IFP Motion. 
Accordingly, it is  
ORDERED that the Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 
U.S.C. § 1915 and Fed. R. App. P. 24 in a Criminal Case [Doc. 34] is GRANTED. 
 
Dated September 11, 2023. 
BY THE COURT: 
_______________________________ 
Nina Y. Wang 
United States District Judge  
 
 
 
 
Case No. 1:23-cr-00074-NYW     Document 35     filed 09/11/23     USDC Colorado     pg 2
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