North Carolina Rainbow Case

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA

UNIITED STATES OF AMERICA
vs.                                      DOCKET NO. F1469799
JOHN E. JOHNSON, III

UNITED STATES OF AMERICA
vs.                                      DOCKET NO. F1789813
WILLIAM V. LeTEMPT          

UNITED STATES OF AMERICA
vs.                                      DOCKET NO. F1790048
JEFFERY O. PIKE

UNITED STATES OF AMERICA
vs.                                      DOCKET NO. F1469792
DANIEL GALLAGHER

NOTICE OF APPEAL AND MOTION TO TOLL
TIME FOR FILING APPELLANTS' BRIEF

COME NOW the defendants, pursuant to Rule 58(g)(2)(B), to give notice of appeal to the District Court from the convictions imposed herein on October 31, 1996, by the Honorable Max O. Cogburn, Jr., United States Magistrate Judge, Western District of North Carolina, and the denial of their Rule 29(c) motion entered on November 7, 1996, by the Honorable Max O. Cogburn, Jr.

Defense counsel is out of the country from November 14, 1996 until December 2, 1996, and requests that the time for filing a brief be tolled until his return.

There is an outstanding Brady v. Maryland issue regarding the disclosure by the government of certain materials which the defendants contend are exculpatory and which support their assertion that they were selectively prosecuted. If the disclosure issue can be resolved either by agreement or by remand to the United States Magistrate Court, the need for an appeal may be obviated.

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Respectfully submitted this 15th day of November, 1996.

PITTS, KAY, HUGENSCHMIDT
& DEVEREUX, P.A.
Attorneys for the Defendant

By: (signed)
Sean P. Devereux
P.O. Box 2868
Asheville, North Carolina 28802
Telephone: (704) 255-8085


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Notice of Appeal and Motion to Toll Time for Filing Appellants' Brief [ ] served on the following by depositing a copy in United States Postal Service in a properly addressed envelope with adequate postage thereon, or [x] by leaving same at his office with a responsible partner or employee.

Honorable Max O. Cogburn, Jr.
United States Magistrate Judge
100 Otis Street
Asheville, North Carolina 28801

Mr. Thomas R. Ascik
Assistant United States Attorney
100 Otis Street, Room 207
Asheville, North Carolina 28801
This 15th day of November, 1996.

(signed)
Terri M. Pettis
Legal Assistant