Case 3:09-cr-01867-DB Document 216

Filed 08/27/12 Page 1 of 2

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS EL PASO DIVISION

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOHN THOMAS SHIPLEY, Defendant-Appellant.

* * * * * Case No. EP-09-CR-1867-DB (Fifth Circuit Case No. 10-50856)

UNITED STATES’ PROPOSED FINDINGS ON RECORD RECONSTRUCTION TO THE HONORABLE SENIOR DISTRICT JUDGE DAVID BRIONES: After careful study of the evidence and applicable law, we hereby submit, in the form of the attached proposed Order, comprehensive findings urged by the government on reconstruction of the trial record. Respectfully submitted, ROBERT PITMAN United States Attorney

/s/ JOSEPH H. GAY, JR. Assistant United States Attorney Chief, Criminal Appeals Section

Case 3:09-cr-01867-DB Document 216

Filed 08/27/12 Page 2 of 2

CERTIFICATE OF SERVICE This is to certify that on August 27, 2012, a true and correct copy of the foregoing pleading was electronically filed with the Clerk of the Court using the CM/ECF System, which will transmit notification of such filing to the following CM/ECF participant: Leon Schydlower.

/s/ JOSEPH H. GAY, JR. Assistant United States Attorney Pyramid Building, Fifth Floor 601 N.W. Loop 410 San Antonio, Texas 78216-5512 (210) 384-7090; FAX: (210) 384-7031 TX Bar No.: 07777500

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