United States Court of Appeals for the Sixth Circuit — Case: 23-5143, Document: 1 (Filed: February 17, 2023)
Summary
A letter dated February 17, 2023, from the Clerk of the United States Court of Appeals for the Sixth Circuit to Timothy W. Hudson, Re: Case No. 23-5143, USA v. Leslie Bethea, Originating Case No.: 2:18-cr-00025-1, filed as Document 79, in the district court case 2:18-cr-00025-JRG-CRW. It states that the appeal has been docketed as case number 23-5143 and that Sixth Circuit Rule 12(c)(1) requires counsel to continue representation on appeal until specifically relieved by that court. It states that counsel's Criminal Justice Act appointment is extended automatically pursuant to Sixth Circuit Rule 12(c)(2) and that forms and the transcript order must be filed by March 3, 2023. It closes with s/Antoinette Macon, Case Manager, and the official caption for 23-5143.
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“United States Court of Appeals for the Sixth Circuit — Case: 23-5143, Document: 1 (Filed: February 17, 2023).”
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Case: 23-5143 Document: 1 Filed: 02/17/2023 Page: 1
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540
Deborah S. Hunt POTTER STEWART U.S. COURTHOUSE Tel. (513) 564-7000
Clerk CINCINNATI, OHIO 45202-3988 www.ca6.uscourts.gov
Filed: February 17, 2023
Mr. Timothy W. Hudson
Law Office
131 Eighth Street
Bristol, TN 37621
Re: Case No. 23-5143, USA v. Leslie Bethea
Originating Case No.: 2:18-cr-00025-1
Dear Counsel,
This appeal has been docketed as case number 23-5143 with the caption that is enclosed on a
separate page.
Even if the defendant filed the notice of appeal, Sixth Circuit Rule 12(c)(1) requires that
counsel continue representation on appeal until specifically relieved by this Court. If a convicted
defendant did not qualify to proceed in forma pauperis in the district court but appears to qualify
on appeal, Sixth Circuit Rule 24 requires that "trial counsel must see that the defendant
completes CJA Form 23 (for an incarcerated defendant) or Fed. R. App. P. Form 4 (for a
defendant not incarcerated) and files it in the district court." Counsel's failure to act in this
situation may result in adverse action from this court.
As defendant's trial counsel, your appointment under the Criminal Justice Act is extended
automatically pursuant to Sixth Circuit Rule 12(c)(2). This letter serves as your authorization
to order any transcript which you deem necessary for the appeal.
Before preparing any documents to be filed, counsel are strongly encouraged to read the Sixth
Circuit Rules at www.ca6.uscourts.gov. If you have not established a PACER account and
registered with this court as an ECF filer, you should do so immediately. Your password for
district court filings will not work in the appellate ECF system.
At this stage of the appeal, the following forms should be downloaded from the website and
filed with the Clerk's office by March 3, 2023. Additionally, the transcript order must be
completed by that date. For further information and instructions on ordering transcript
electronically, please visit the court's website.
Case 2:18-cr-00025-JRG-CRW Document 79 Filed 02/17/23 Page 1 of 3 PageID
#: 758
Case: 23-5143 Document: 1 Filed: 02/17/2023 Page: 2
Appellant: Appearance of Counsel
Application for Admission to 6th Circuit Bar (if applicable)
Appellee: Appearance of Counsel
Application for Admission to 6th Circuit Bar (if applicable)
More specific instructions are printed on each form. These deadlines are important -- if the
initial forms are not timely filed, the appeal will be dismissed for want of prosecution.
If you have questions after reviewing the forms and the rules, please contact the Clerk's office
for assistance.
Sincerely,
s/Antoinette Macon
Case Manager
Direct Dial No. 513-564-7015
cc: Ms. Leslie Danielle Bethea
Mr. Mac Devon Heavener III
Enclosure
Case 2:18-cr-00025-JRG-CRW Document 79 Filed 02/17/23 Page 2 of 3 PageID
#: 759
Case: 23-5143 Document: 1 Filed: 02/17/2023 Page: 3
OFFICIAL COURT OF APPEALS CAPTION FOR 23-5143
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
LESLIE DANIELLE BETHEA
Defendant - Appellant
Case 2:18-cr-00025-JRG-CRW Document 79 Filed 02/17/23 Page 3 of 3 PageID
#: 760
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