Legal Opinion

United States v. Gutierrez

District Court, D. New Mexico

Decided September 6, 2018No. CR 15-3955 JBPublished

1Opinion of the Court

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on the United States' Motion to Show *722Cause, filed August 8, 2016 (Doc. 29)("Motion"). The Court held hearings on August 19, 2016; September 6, 2016; and September 28, 2016. The primary issues are: (i) whether Defendant Darryl J. Gutierrez is financially qualified under the Criminal Justice Act of 1964, 18 U.S.C. § 3006A ("CJA"), to continue to receive the unpaid assistance of a Federal Public Defender; and (ii) whether, if Gutierrez is not financially qualified, he should be compelled to make partial payment for…

2Cases cited24 opinions

  1. Flanagan v. United StatesSupreme Court of the United States · 1984
  2. United States v. KahanSupreme Court of the United States · 1974
  3. United States v. John L. HarrisCourt of Appeals for the Second Circuit · 1983
  4. United States v. GonzalesCourt of Appeals for the Tenth Circuit · 1998
  5. Fed. Sec. L. Rep. P 95,508 United States of America v. Norman RubinsonCourt of Appeals for the Second Circuit · 1976

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