United States v. Kirstyn Ashley Niemela ( 2023 )

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 23-3095 September Term, 2022
1:21-cr-00623-CRC-2
Filed On: August 23, 2023
United States of America,
Appellee
v.
Kirstyn Ashley Niemela,
Appellant
BEFORE: Henderson, Pillard, and Childs, Circuit Judges
ORDER
Upon consideration of the emergency motion for release pending appeal, styled
as an emergency motion for stay, the opposition thereto, and the reply; and the notice
of intention to proceed pro se, it is
ORDERED that the motion be denied. Appellant has not shown that this appeal
presents a substantial question of law or fact likely to result in reversal, an order for a
new trial, a sentence that does not include a term of imprisonment, or a reduced
sentence to a term of imprisonment less than the total of the time already served plus
the expected duration of the appeal process. See 18 U.S.C. § 3143(b)(1)(B).
Because appellant has a constitutional right to assistance of counsel on direct
appeal, Douglas v. California, 372 U.S. 353 (1963), and the Supreme Court has
recognized indigent defendants pursuing the first level of appellate review are
“generally ill equipped to represent themselves,” Halbert v. Michigan, 545 U.S. 605, 617
(2005), the Clerk is directed to attach to this order a letter explaining the consequences
of self-representation.
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 23-3095 September Term, 2022
The Clerk is directed to send a copy of this order with the attached letter to
appellant by whatever means necessary to ensure receipt.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Scott H. Atchue
Deputy Clerk
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