Question: Can you draft a client response letter regarding this summary? I am attaching to this memorandum a letter from Nicholas Penn, a prospective client. On
Can you draft a client response letter regarding this summary? "I am attaching to this memorandum a letter from Nicholas Penn, a prospective client. On December 4, Nicholas Penn was convicted in the United States District Court for the Northern District of New York of one count of bank robbery in violation of 18 U.S.C. 2113(a) after pleading guilty. Nicholas Penn believes there may be a question whether there was probable cause to issue the search warrant used to uncover evidence that ultimately caused his attorney to recommend that he plead guilty. If he becomes our client, then I will investigate whether the evidence was uncovered pursuant to a properly issued and executed warrant. I have learned that Nicholas Penn attempted to file a notice of appeal in propria persona. When Nicholas Penn dismissed his attorney, she informed him of the deadline to file. He said he would file it on his own. He signed the Notice two days before the statutory deadline and immediately delivered it to prison authorities for mailing. The clerk of the district court has informed him that his Notice of Appeal was rejected because it was received two days after the expiration of the filing period. I am considering whether this firm should take on Nicholas Penn's case and file a motion for the federal court to accept Nicholas Penn's Notice of Appeal. Please research whether the court is likely to agree with a contention that his Notice of Appeal was timely filed
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