Sbrusch

ORDER

Pursuant to this court’s order of July 18, 2005, appellant Leroy Sbrusch was given 28 days to file a supplemental pro se brief and a statement indicating whether he wishes to pursue a remand for resentencing, and the court reserved further action on the withdrawal of counsel and decision on the merits.

On September 2, 2005, the court issued an unpublished Memorandum resubmitting the above captioned case, granting counsel’s motion to withdraw, and affirming Sbrush’s convictions and sentence. The Memorandum was explicitly premised on the court’s understanding that “Sbrusch *16 did not file a pro se supplemental brief’ pursuant to the court’s order of July 18, 2005.

The court has since discovered that the statement quoted above was inaccurate. In fact, Sbrusch did submit a letter to the court, which was dated August 28, 2005, and received by the court on August 29, 2005, four days prior to the filing of the court’s Memorandum. The panel was unaware of Sbrusch’s letter because it was not docketed or forwarded to the panel until September 20, 2005. In light of the impending issuance of the mandate, the court issued an order on September 22, 2005, staying the mandate pending…