Case: 17-10448, 12/13/2017, ID: 10688578, DktEntry: 12, Page 1 of 3

No. 17-10448

In The United States Court Of Appeals
For The Ninth Circuit
______________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
V.

JOSEPH M. ARPAIO,
Defendant-Appellant.
______________
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA, NO. 2:16-CR-01012
STATEMENT OF THE UNITED STATES
______________
JOHN DIXON KELLER
Deputy Chief
VICTOR R. SALGADO
SIMON JOSEPH CATALDO
Trial Attorneys
Criminal Division
Public Integrity Section

JOHN. P. CRONAN
Acting Assistant Attorney General
JAMES I. PEARCE
Criminal Division, Appellate Section
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC 20530
(202) 532-4991
james.pearce@usdoj.gov

 Case: 17-10448, 12/13/2017, ID: 10688578, DktEntry: 12, Page 2 of 3

The government provides the following statement in response to the order
issued by the Court on November 22, 2017.

The government has entered an

appearance in this case and intends to represent the government’s interests in this
appeal. The government does not intend to defend the district court’s order from
October 19, 2017,* in which the court denied Defendant-Appellant Joseph M. Arpaio’s
motion to vacate; instead, the government intends to argue, as it did in the district court,
that the motion to vacate should have been granted. We take no position on whether
the Court should appoint counsel to make any additional arguments.
Respectfully submitted,
JOHN DIXON KELLER
Deputy Chief
VICTOR R. SALGADO
SIMON JOSEPH CATALDO
Trial Attorneys
Criminal Division
Public Integrity Section

JOHN. P. CRONAN
Acting Assistant Attorney General
S/ JAMES I. PEARCE

Criminal Division, Appellate Section
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC 20530
(202) 532-4991
james.pearce@usdoj.gov

This Court’s order refers to a district court order entered on November 19, 2017, but
there is no district court order from that date. The government understands the Court’s
order to refer to the district court’s order on October 19, 2017 denying Defendant’s
Motion for Vacatur and Dismissal with Prejudice insofar as it seeks relief beyond
dismissal with prejudice. See Dkt. entry No. 251.

*

 Case: 17-10448, 12/13/2017, ID: 10688578, DktEntry: 12, Page 3 of 3

CERTIFICATE OF SERVICE
I, James I. Pearce, Attorney in the Appellate Section of the Criminal Division at
the U.S. Department of Justice, hereby certify that on December 13, 2017, an electronic
copy of this statement was served by notice of electronic filing via this Court’s ECF
system upon opposing counsel.

s/ James I. Pearce