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Order Determining Eligibility for Appointment of Counsel — United States v. Mark Schena (N.D. Cal., Dkt. 77)

Summary

An Order Determining Eligibility for Appointment of Counsel in United States of America v. Mark Schena, Case No. 20-cr-00425-EJD-1 (VKD), Case 5:20-cr-00425-EJD, Document 77, filed 10/21/21, in the U.S. District Court for the Northern District of California, San Jose Division. The order states that the court considered a financial affidavit (Dkt. No. 73) and a further status report on a referral (Dkt. No. 71). The court concludes that Mr. Schena is eligible for appointment of counsel under the Criminal Justice Act but has sufficient assets to make partial payment. It directs him to appear before Magistrate Judge Robert Illman on October 22, 2021 at 1:00 p.m., and the signature block names Virginia K. DeMarchi.

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“Order Determining Eligibility for Appointment of Counsel — United States v. Mark Schena (N.D. Cal., Dkt. 77).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-n-d-cal-no-5-20-cr-00425-dkt-77-n-d-cal-3037bec692/, SHA-256 564e02d89c71ed36cc1360112ee8cca66a2179468a71b286b1105240735cfed6.

Full text

                                           Case 5:20-cr-00425-EJD Document 77 Filed 10/21/21 Page 1 of 1




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                                   4                                  UNITED STATES DISTRICT COURT

                                   5                                 NORTHERN DISTRICT OF CALIFORNIA

                                   6                                          SAN JOSE DIVISION

                                   7

                                   8     UNITED STATES OF AMERICA,                         Case No. 20-cr-00425-EJD-1 (VKD)
                                                        Plaintiff,
                                   9
                                                                                           ORDER DETERMINING ELIGIBILITY
                                                 v.                                        FOR APPOINTMENT OF COUNSEL
                                  10

                                  11     MARK SCHENA,
                                                        Defendant.
                                  12


 United States District Court
                                  13

                                  14          This matter was referred to the undersigned for determination of whether defendant Mark

                                  15   Schena is eligible for appointment of counsel. Dkt. No. 71. The Court has considered Mr.



Northern District of California
                                  16   Schena’s October 6, 2021 financial affidavit (Dkt. No. 73) and his further status report (Dkt. No.

                                  17   75), as well as the arguments and representations made during the hearing on October 7, 2021.

                                  18   The Court concludes that, given his failure to sell his house and his current lack of income, Mr.

                                  19   Schena is eligible for appointment of counsel under the Criminal Justice Act. However, the Court

                                  20   also concludes that Mr. Schena has sufficient assets to make partial payment for his representation.

                                  21   After appointment of counsel, the Court may require additional information before setting the

                                  22   amount of Mr. Schena’s contribution.

                                  23          Mr. Schena shall appear before Magistrate Judge Robert Illman on the criminal duty

                                  24   calendar on October 22, 2021 at 1:00 p.m. for appointment of counsel.

                                  25          IT IS SO ORDERED.

                                  26   Dated: October 21, 2021

                                  27
                                                                                                    VIRGINIA K. DEMARCHI
                                  28                                                                United States Magistrate Judge

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