In a wire fraud prosecution, the court of appeals' prior order relieving appointed counsel as a sanction for defendant's misconduct is vacated where the order was not preceded by notice to defendant and an opportunity to respond. Thus, the court of appeals' prior dismissal of defendant's appeal for failure to file a timely pro se brief is also vacated.
Filed October 5, 2009
Decided December 21, 2009
Martin Frankel, Big Spring, TX
John H. Durham, Asst. U.S. Atty., New Haven, CT