North Carolina Rainbow Case

IN THE.UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION

NOV. 25, 1996

CRIMINAL NO 1:96CR98

ORDER

UNITED STATES OF AMERICA,



Appellee,


 v. 
                             

JOHN E, JOHNSON,
WILLIAM V. LeTEMPT,             
JEFFREY Q. PIKE,
DANIEL GALLEGHER,


Appellants.

THIS MATTER is before the Court on the Appellants' motion ·to toll the time for filing their briefs on appeal. Counsel advises that the government and Appellants are attempting to resolve an issue concerning the disclosure of exculpatory material which they claim supports their contention of selective prosecution. Resolution of this issue would render moot the appeal.

For the reasons stated, this Court will grant the motion.

Appellants' counsel is instructed to advise the Court in writing on or before December 2, 1996, of the status of the appeal.

IT IS, THEREFORE, ORDERED that the Appellants' motion to toll the time for filing briefs is hereby DENIED, and counsel for the Appellants is instructed to advise the Court in writing of the status of the appeal on or before December 2, 1996.

THIS the 25th of November, 1996.

(signed)
LACY H. THORNBURG
UNITED STATES DISTRICT COURT JUDGE

-1-

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION

CRIMINAL NO.
UNITED STATES OF AMERICA,
Appellee,

JOHNE. JOHNSON, III
WILLIAM V. LeTEMPT
JEFFREY O. PIKE
DANIEL GALLAGHER,
Appellants.

NOTICE

Pursuant to Judge Lacy H. Thornburg's order of November 25, 1996, the Appellants in this matter give notice that they intend to pursue their appeals of the convictions in this matter to District Court.

THIS the 10th day of December, 1996.

PITTS, HAY, HUGENSCHMIDT & DEVEREUX, P.A.
Attorneys for the Appellants

Sean P. Devereux
137 Biltmore Avenue
Asheville, NC 28801
(704) 255-8085

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Motion to Suppress was served on the following [ ] by depositing a copy in the 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.

Thomas A. Ascik
Assistant United States Attorney
100 Otis Street, Room 207
Asheville, North Carolina 28801

This the 10th day of December, 1996.

(signed)
Sean P. Devereux