Whether the Tenth Circuit Court of Appeals erred in affirming the district court's denial of Ms. McClaflin's motion to dismiss the indictment on the basis of prosecutorial vindictiveness

No question identified. : The statute under which Ms McClaflin was appointed counsel by the District of Colorado was the Criminal Justice Act of 1964, 18 U. S. C. § 3006A Therefore, in reliance upon Supreme Court Rule 39.1 and 18 U.S.C. § 3006A(d)(7), petitioner has not attached the affidavit which ; would otherwise be required.” Presented herewith is Ms McClaflin’s Petition for Writ of Certiorari to the Court of Appeals for the Tenth Circuit. Ce Karen Lyon McClaflin Petitioner 44166-013 P.O. Box 27137 Fort Worth, TX 76127 Date: /[A-18-19 , “ Supreme Court Rule 39.1 provides: A party seeking to proceed in forma pauperis shall file a motion for leave to do so, together with the party's notarized affidavit or declaration (in compliance with 28 U.S.C. § 1746) in the form prescribed by the Federal Rules of Appellate Procedure, Form 4. The motion shall state whether leave to proceed in forma pauperis was sought in any other court and, if so, whether leave was granted. If the United States district court or the United States court of appeals has appointed counsel under the Criminal Justice Act of 1964, 18 U.S.C. § 30064, or under any other applicable federal statute, no affidavit or declaration is required, but the motion shall cite the statute under which counsel was appointed.” Id. (As Amended Jan. 27, 2003, eff. May 1, 2003.) (emphasis added) 18 U.S.C. § 3006A(d)(7) provides: : (7) Proceedings before appellate courts. If a person for whom counsel is appointed under this section appeals to an appellate court or petitions for a writ of certiorari, he may do so without prepayment of fees and costs or security therefor and without filing the affidavit . required by section 1915(a) of title 28. Id (emphasis added) General Docket Tenth Circuit Court of Appeals Court of Appeals Docket #: 18-1217 United States v. McClaflin Appeal From: United States District Court for the District of Colorado Denver Fee Status: ifp granted KAREN LYNN McCLAFLIN Ann Marie Taliaferro Defendant Appellant Email: [COR NTC CJA Appointment} Brown, Bradshaw & Moffat Firm: 801/532-5297 10 West Broadway ; Suite 210 . Salt Lake City, UT 84101-0