Court filing
Acknowledgment of Receipt of NOA from USCA as to Eric Dean Sheppard re 271 Notice of… — USA v. SHEPPARD (Dkt. 276)
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-07-09 |
U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 276 · 2024-07-09 · Docket on CourtListener
Summary
Document 276 in United States v. Eric Dean Sheppard, No. 1:22-cr-20290-BB, in the U.S. District Court for the Southern District of Florida, entered on the docket July 10, 2024, acknowledges receipt of a notice of appeal from the U.S. Court of Appeals for the Eleventh Circuit. It contains the Eleventh Circuit's criminal docketing notice dated July 09, 2024 for Appeal Number 24-12072-F, addressed to the United States as appellant, setting out filing fee, transcript order, Certificate of Interested Persons and appearance requirements with 14-day and 28-day deadlines. It also contains the United States' notice of appeal, citing 18 U.S.C. Section 3731, Section 3742(b) and 28 U.S.C. Section 1291. The notice appeals the Omnibus Order on the defendant's motion for new trial and motion for acquittal entered June 3, 2024 and the judgment entered June 11, 2024.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
David J. Smith
Clerk of Court
July 09, 2024
For rules and forms visit
www.ca11.uscourts.gov
Daniel Matzkin
U.S. Attorney Service - SFL
99 NE 4TH ST FL 5
MIAMI, FL 33132-2111
Appeal Number: 24-12072-F
Case Style: USA v. Eric Sheppard
District Court Docket No: 1:22-cr-20290-BB-1
This notice pertains to party – appellant USA only.
CRIMINAL DOCKETING NOTICE
The above-referenced appeal has been docketed in this Court. All documents filed in this appeal
must include the Case Style and Appeal Number shown above.
Appellant Requirements
Unless the following requirements have already been satisfied, within 14 days of the date of
this notice the appellant MUST:
1. Unless counsel was appointed to represent the appellant, pay to the District Court the
Filing Fee OR File a Motion to Proceed In Forma Pauperis (IFP) in the district court.
See FRAP 3(e), FRAP 24.
If the filing fee is not paid and a motion to proceed IFP has not been filed in the
district court within 14 days of the date of this notice, this appeal will be
dismissed without further notice pursuant to 11th Cir. R. 42-1(b).
If the district court has denied the appellant IFP status on appeal, the appellant
has 30 days from the date of the district court's order to file an IFP motion in
this Court. See FRAP 24(a)(5).
2. File in this Court AND in the district court a Transcript Order Form OR file a certificate
in this Court stating no transcripts will be ordered. See FRAP 10(b)(1), 11th Cir. R. 10-
1.
USCA11 Case: 24-12072 Document: 6-1 Date Filed: 06/28/2024 Page: 1 of 3
AP
Jul 9, 2024
MIAMI
Case 1:22-cr-20290-BB Document 276 Entered on FLSD Docket 07/10/2024 Page 1 of 4
If no transcripts are ordered, appellant's brief is due 40 days after 06/25/2024,
except as otherwise provided by the rules. See 11th Cir. Rules 12-1 and 31-1.
3. File a Certificate of Interested Persons and Corporate Disclosure Statement (CIP). See
11th Cir. R. 26.1-1(a)(1).
4. Complete the Web-Based CIP (attorneys only). See 11th Cir. R. 26.1-1(b).
Additional Appellant Requirements
1. Guilty Plea Issue: If any issue concerning a guilty plea will be raised, the appellant must
ensure that the record includes the transcript of the guilty plea colloquy and any written
plea agreement. See 11th Cir. R. 30-1(a)(13).
2. Sentencing Issue: If any issue concerning the sentence will be raised, the appellant must
ensure that the record includes (a) the transcript of the sentencing proceeding, and (b)
the presentence investigation report and addenda (under seal in a separate envelope). See
11th Cir. R. 30-1(a)(14).
Appellee Requirements
Unless the following requirements have already been satisfied, within 28 days of the date of
this notice, all appellees participating in this appeal MUST:
1. File a CIP or a notice. See 11th Cir. R. 26.1-1(a)(3).
2. Complete the Web-Based CIP (attorneys only). See 11th Cir. R. 26.1-1(b).
Electronic Filing
All counsel must file documents electronically using the Electronic Case Files ("ECF") system,
unless exempted for good cause. Although not required, non-incarcerated pro se parties are
permitted to use the ECF system by registering for an account at www.pacer.gov. Information
and training materials related to electronic filing are available on the Court's website.
Obligation to Notify Court of Change of Addresses
Each pro se party and attorney has a continuing obligation to notify this Court of any changes to
the party’s or attorney’s addresses during the pendency of the case. See 11th Cir. R. 25-7.
Additional Information
Rules, forms, and additional information, including a handbook for pro se litigants, can be
found at www.ca11.uscourts.gov.
Attorney Participation
Only attorneys admitted to the bar of the Court and attorneys admitted for a particular
proceeding may practice before the Court. See 11th Cir. Rules 46-1, 46-3, and 46-4. You may
look up your bar admission status at https://www.ca11.uscourts.gov/bar-admission-status-look.
USCA11 Case: 24-12072 Document: 6-1 Date Filed: 06/28/2024 Page: 2 of 3
Case 1:22-cr-20290-BB Document 276 Entered on FLSD Docket 07/10/2024 Page 2 of 4
The Application for Admission to the Bar and other forms and information can be found at
https://www.ca11.uscourts.gov/attorney-forms-and-information.
All attorneys (except court-appointed attorneys) who wish to participate in this appeal must file
an Appearance of Counsel Form within 14 days of the date of this notice. See 11th Cir. R. 46-
6(b). Please also see FRAP 46 and the corresponding circuit rules.
Note to Retained Counsel
Eleventh Circuit Rule 46-10(a) states, "Retained counsel for a criminal defendant has an
obligation to continue to represent that defendant until successor counsel either enters an
appearance or is appointed under the Criminal Justice Act, and may not abandon or cease
representation of a defendant except upon order of the court."
Motions to Withdraw
Counsel who file a motion to withdraw from a criminal appeal must also comply with 11th Cir.
R. 27-1(a)(7), (a)(8). In addition, a motion to withdraw as counsel stays only briefing on appeal;
it does not stay other deadlines. See 11th Cir. R. 31-1(b).
Clerk's Office Phone Numbers
General Information: 404-335-6100 Attorney Admissions: 404-335-6122
Case Administration: 404-335-6135 Capital Cases: 404-335-6200
CM/ECF Help Desk: 404-335-6125 Cases Set for Oral Argument: 404-335-6141
CRIM 1 - Notice of Docketing
USCA11 Case: 24-12072 Document: 6-1 Date Filed: 06/28/2024 Page: 3 of 3
Case 1:22-cr-20290-BB Document 276 Entered on FLSD Docket 07/10/2024 Page 3 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-20290-CR-BLOOM(s)
UNITED STATES OF AMERICA,
vs.
ERIC DEAN SHEPPARD,
Defendant.
______________________________________/
UNITED STATES’ NOTICE OF APPEAL
NOTICE is hereby given that the United States of America, pursuant to Title 18, United
States Code, Section 3731, Title 18 United States Code, Section 3742(b), and Title 28, United
States Code, Section 1291, appeals to the United States Court of Appeals for the Eleventh Circuit
from the Court’s Omnibus Order on Defendant’s Motion for New Trial and Motion for Acquittal,
entered on June 3, 2024 [DE 251], and the Judgment and Commitment Order, entered on June 11,
2024 [DE 267].
Respectfully submitted,
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
By: s/Aimee Jimenez___________
Aimee C. Jimenez
Assistant United States Attorney
Court No. A5500795
99 Northeast 4th Street
Miami, Florida 33132-2111
Tel: (305) 961-9028
Email: aimee.jimenez@usdoj.gov
USCA11 Case: 24-12072 Document: 6-2 Date Filed: 06/28/2024 Page: 1 of 2
Case 1:22-cr-20290-BB Document 276 Entered on FLSD Docket 07/10/2024 Page 4 of 4File and source
- File
- gov.uscourts.flsd.615773.276.0.pdf
- Size
- 299,672 bytes
- SHA-256
- 4d7c06135a1a0ec01a41eab9d72e8d81e226712f888403b8cf18477b59006c66
- Original
- PACER (login required)