USA v. Derian Eidson
Defendant / Appellant: DERIAN EIDSON
Plaintiff / Appellee: UNITED STATES OF AMERICA
Case Number: 14-10196
Filed: April 22, 2014
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
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This docket was last retrieved on May 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 30, 2019 Filing 172 Supreme Court Case Info Case number: 18-8854 Filed on: 12/18/2018 Cert Petition Action 1: Denied, 05/28/2019 [11313357] [14-10141, 14-10196] (JFF) [Entered: 05/30/2019 11:08 AM]
February 22, 2019 Filing 171 Supreme Court Case Info Case number: 18-7143 Filed on: 12/20/2018 Cert Petition Action 1: Denied, 02/19/2019 [11204132] [14-10196, 14-10141] (JFF) [Entered: 02/22/2019 10:29 AM]
December 27, 2018 Filing 170 Supreme Court Case Info Case number: 18-7143 Filed on: 12/20/2018 Cert Petition Action 1: Pending [11135376] [14-10196, 14-10141] (RR) [Entered: 12/27/2018 05:27 PM]
October 22, 2018 Filing 169 Received letter from the Supreme Court dated 10/19/2018. The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to The Chief Justice, who on October 19, 2018, extended the time to and including December 21, 2018. [11057574] (RR) [Entered: 10/23/2018 02:44 PM]
August 23, 2018 Filing 168 MANDATE ISSUED.(WAF, RAP and CW) [10987106] [14-10141, 14-10196] (RR) [Entered: 08/23/2018 11:10 AM]
August 15, 2018 Filing 167 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN) Defendant-Appellant Zinnels motion to recall or stay the mandate pending the filing of a petition for writ of certiorari is DENIED. Zinnel has not demonstrated that his certiorari petition would present a substantial question and that there is good cause for a stay. Fed. R. App. P. 41(d)(2)(A). [10978201] [14-10141, 14-10196] (WL) [Entered: 08/15/2018 03:01 PM]
August 9, 2018 Filing 166 Filed (ECF) Appellant Derian Eidson in 14-10196 response to motion ([ # 163 ] Party Motion). Date of service: 08/09/2018. [10972465] [14-10196, 14-10141] (Robinson, Rachael) [Entered: 08/09/2018 05:42 PM]
August 9, 2018 Filing 165 Filed Appellant Steven Zinnel in 14-10141 letter dated 08/06/2018 re: Nowhere in the report and complaint do I move the Court for sanctions nor can the report and complaint be construed as a motion for sanctions. Please review the report and complaint to determine if an order to show issue to the offendng attorneys for violation of FRAP 46. Paper filing deficiency: None. [10972399] [14-10141, 14-10196] (RR) [Entered: 08/09/2018 04:37 PM]
August 3, 2018 Filing 164 Deleted Incorrect Entry. Entered in error. [10965197] [14-10141, 14-10196] (NAC) [Entered: 08/03/2018 11:05 AM]
August 2, 2018 Filing 163 Filed Appellant Steven Zinnel in 14-10141 motion to stay the mandate. Deficiencies: None. Served on 07/31/2018. [10964449] [14-10141, 14-10196] (RR) [Entered: 08/02/2018 04:06 PM]
July 30, 2018 Filing 162 Filed Appellant Steven Zinnel in 14-10141 additional citations since petition for rehearing was filed. Served on 07/25/2018. (Panel please advise order's clerk if and when to circulate, PFR was denied on 7/26/18) [10961693] [14-10141, 14-10196] (RR) [Entered: 07/31/2018 03:52 PM]
July 26, 2018 Filing 161 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN) Defendant-Appellant Zinnels unopposed motion for judicial notice (Docket No. [ # 145 ]) is DENIED. Documents that have previously been judicially noticed are already before the court. No new documents should be submitted to the court at this stage of the proceedings. Zinnels motion to compel documents relating to the Wamu Bank account (Docket No. [ # 146 ]) is DENIED. Zinnels report and complaint against the United States Attorneys (Docket No. [ # 147 ]), which the court construes as a motion for sanctions, is DENIED. Zinnels motion to strike the answering brief and oral argument (Docket No. [ # 148 ]) is DENIED. Defendant-Appellants Zinnel and Eidsons petitions for panel rehearing are DENIED. Judge W. Fletcher and Judge Paez voted to deny Defendant-Appellants Zinnel and Eidsons petitions for rehearing en banc and Judge Wilken so recommended. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. Accordingly, Defendant-Appellants Zinnel and Eidsons petitions for rehearing en banc are DENIED.[10955990] [14-10141, 14-10196] (WL) [Entered: 07/26/2018 10:30 AM]
July 20, 2018 Filing 160 Received Appellant Steven Zinnel in 14-10141 notice of related appeal filing re: recusal and disqualification of Judge Troy L. Nunley pursuant to 28 U.S.C. 144 & 455 in support of petition for rehearing and rehearing en banc; served on 7/17/18. [10949951] [14-10141, 14-10196] (RR) [Entered: 07/20/2018 11:49 AM]
July 2, 2018 Filing 159 Received Appellant Steven Zinnel in 14-10141 notice regarding Government's position; served on 6/27/18. [10931368] [14-10141, 14-10196] (RR) [Entered: 07/03/2018 04:30 PM]
June 14, 2018 Filing 158 Received Appellant Steven Zinnel in 14-10141 notice regarding supplemental certificate of service for petition for rehearing and rehearing en banc. [10910635] [14-10141, 14-10196] (RR) [Entered: 06/15/2018 11:47 AM]
June 11, 2018 Filing 157 Filed Appellant Steven Zinnel in 14-10141 joinder in portions of Appellant Derian Eidson's petition for rehearing; served on 6/7/18. [10906299] [14-10141, 14-10196] (RR) [Entered: 06/12/2018 04:42 PM]
June 11, 2018 Filing 156 Received Appellant Steven Zinnel in 14-10141 notice regarding certificate of service of petition for rehering and supporting filings, all of which were filed on 5/29/18 and contained in the court's docket as nos 140-145 were served on 5/24/18. [10906285] [14-10141, 14-10196] (RR) [Entered: 06/12/2018 04:37 PM]
June 8, 2018 Filing 155 Filed Appellant Steven Zinnel in 14-10141 petition for panel rehearing and petition for rehearing en banc Number of Pages 30. Served on 05/24/2018. Deficiency: None. Date circulated to the court: 06/08/2018 (PANEL-ACTIVE JUDGES-ANY INTERESTED SENIOR JUDGES, (Panel: WAF, RAP and CW) [10902856] [14-10141, 14-10196] (RL) [Entered: 06/08/2018 04:40 PM]
June 8, 2018 Filing 154 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN): Defendant-Appellant Zinnels motion to file oversized petition for rehearing and/or rehearing en banc (Docket No. [ # 143 ]) is GRANTED. See 9th Cir. R. 31-2.2. Defendant-Appellant Eidsons motion to file oversized petition for rehearing and/or rehearing en banc (Docket No. [ # 150 ]) is also GRANTED. [10902819] [14-10141, 14-10196] (AF) [Entered: 06/08/2018 04:29 PM]
June 6, 2018 Filing 153 Filed Appellant Steven Zinnel in 14-10141 supplement to report and complaint against the attorneys representing appellee United States of America, etc et al. [10899342] [14-10141, 14-10196] (RR) [Entered: 06/06/2018 04:10 PM]
May 30, 2018 Filing 152 Filed (ECF) Appellant Derian Eidson in 14-10196 petition for panel rehearing and petition for rehearing en banc (from 02/09/2018 memorandum). Date of service: 05/30/2018. [10890834] [14-10141, 14-10196]--[COURT ENTERED FILING to correct entry [151].] (SLM) [Entered: 05/31/2018 09:40 AM]
May 30, 2018 Filing 151 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 152 ]. Original Text: Filed (ECF) Appellant Derian Eidson in 14-10196 petition for rehearing en banc (from 02/09/2018 memorandum). Date of service: 05/30/2018. [10890573] [14-10196, 14-10141]--[COURT UPDATE: Attached correct PDF of petition. 05/31/2018 by SLM] (Robinson, Rachael) [Entered: 05/30/2018 11:54 PM]
May 30, 2018 Filing 150 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion to file oversized petition for rehearing and/or petition for rehearing en banc of 21 pages. Date of service: 05/30/2018. [10890572] [14-10196, 14-10141] (Robinson, Rachael) [Entered: 05/30/2018 11:51 PM]
May 30, 2018 Filing 149 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 152 ]. Original Text: Filed (ECF) Appellant Derian Eidson in 14-10196 response to Disposition Memorandum AFFIRMED IN PART, REVERSED IN PART AND REMANDED, Disposition Memorandum. Date of service: 05/30/2018. [10890571]. [14-10196, 14-10141] (Robinson, Rachael) [Entered: 05/30/2018 11:49 PM]
May 29, 2018 Filing 148 Filed Appellant Steven Zinnel in 14-10141 motion to strike appellee United States of America's answering brief and AUSA Matthew D. Segal's argument at oral argument on 11.16.17 in support of petition for rehearing and rehearing en banc. Deficiencies: No certificate of service. [10888498] [14-10141, 14-10196] (RR) [Entered: 05/29/2018 04:12 PM]
May 29, 2018 Filing 147 Filed Appellant Steven Zinnel in 14-10141 report and complaint against the attorneys representing appellee United State of America reporting alleged crimes, rule violations, misrepresentations to Judges, violations of California State Bar Rules, etc et al. [10888431] [14-10141, 14-10196] (RR) [Entered: 05/29/2018 03:56 PM]
May 29, 2018 Filing 146 Filed Appellant Steven Zinnel in 14-10141 motion to compel the Government to produce any and all documents relating to a WAMU bank account titled in the name of Steven Zinnel . Deficiencies: No certificate of service. [10888409] [14-10141, 14-10196] (RR) [Entered: 05/29/2018 03:50 PM]
May 29, 2018 Filing 145 Filed Appellant Steven Zinnel in 14-10141 motion to take judicial notice in support of petition for rehearing and rehearing en banc. Deficiencies: No certificate of service. Note: Please advise Orders Clerk if or when to circulate motion to take judicial notice . [10888387] [14-10141, 14-10196] (RR) [Entered: 05/29/2018 03:45 PM]
May 29, 2018 Filing 144 Filed Appellant Steven Zinnel in 14-10141 petition for panel rehearing and petition for rehearing en banc, Number of Pages 30; declaration in support of petition for panel rehearing and petition for rehearing en banc; Index of attached exhibits in support of petition for rehearing and rehearing en banc. Deficiency: Mtn pending to file oversized petition; no proof of service. NOTE: Please advise Order's Clerk if or when to circulate petition for panel rehearing and petition for rehearing en banc. (PANEL, (Panel: WAF, RAP and CW) [10888371] [14-10141, 14-10196] (RR) [Entered: 05/29/2018 03:41 PM]
May 29, 2018 Filing 143 Filed Appellant Steven Zinnel in 14-10141 motion to file oversized petition for rehearing and/or petition for rehearing en banc of 30 pages. Deficiencies: No certificate of service. [10888313] [14-10141, 14-10196] (RR) [Entered: 05/29/2018 03:23 PM]
April 26, 2018 Filing 142 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN): Defendant-Appellant Eidsons motion for a thirty-day extension of the deadline to file a petition for rehearing and rehearing en banc is GRANTED. See 9th Cir. R. 31-2.2. The court rules on this motion without waiting for a response by the government. See Fed. R. App. P. 27(b). Eidson shall file her petition for rehearing and rehearing en banc on or before May 30, 2018. Zinnels motion for rehearing and rehearing en banc remains due on May 30, 2018. [10852781] [14-10141, 14-10196] (AF) [Entered: 04/26/2018 04:06 PM]
April 25, 2018 Filing 141 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion to extend time to file petition for rehearing until 05/30/2018. Date of service: 04/25/2018. [10850014] [14-10196, 14-10141] (Robinson, Rachael) [Entered: 04/25/2018 11:08 AM]
April 19, 2018 Filing 140 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN): Defendant-Appellant Zinnels motion for a thirty-day extension of the deadline to file a petition for rehearing and rehearing en banc is GRANTED. See 9th Cir. R. 31-2.2. The court rules on this motion without waiting for a response by the government. See Fed. R. App. P. 27(b). Zinnel shall file his petition for rehearing and rehearing en banc on or before May 30, 2018. [10843731] [14-10141, 14-10196] (AF) [Entered: 04/19/2018 04:22 PM]
April 16, 2018 Filing 139 Filed Appellant Steven Zinnel in 14-10141 motion to extend time to file petition for rehearing until 05/30/2018. Deficiencies: None. Served on 04/11/2018. [10842130] [14-10141, 14-10196] (RR) [Entered: 04/18/2018 04:49 PM]
March 27, 2018 Filing 138 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN): Defendant-Appellant Zinnels motion to recall or stay the mandate until the Court issues a decision on his future petition for rehearing or rehearing en banc is DENIED. Zinnels motion to recall the mandate is unnecessary because the mandate has not issued. The mandate will not issue until 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later. Fed. R. App. P. 41(b). The time to file a petition for rehearing currently expires on April 30, 2018. Zinnels motion to stay the mandate is also unnecessary because Federal Rule of Appellate Procedure 41(d) already provides that [t]he timely filing of a petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, stays the mandate until disposition of the petition or motion, unless the court orders otherwise. Zinnels motion to stay the mandate pending the filing of a petition for writ of certiorari is DENIED without prejudice. Zinnels motion is premature because this Court has not yet ruled on his petition for rehearing or rehearing en banc. He may renew his motion following such a ruling. [10813756] [14-10141, 14-10196] (AF) [Entered: 03/27/2018 10:06 AM]
March 14, 2018 Filing 137 Sent Appellant Form 4 and Form 11 in response to his letter of request received on 03/12/2018. [10798288] [14-10141, 14-10196] (JR) [Entered: 03/14/2018 01:46 PM]
March 12, 2018 Filing 136 Received Appellant Steven Zinnel in 14-10141 notice regarding requesting cert of compliance and fee waiver. [10798194] [14-10141, 14-10196] (RR) [Entered: 03/14/2018 01:13 PM]
March 12, 2018 Filing 135 Filed Appellant Steven Zinnel in 14-10141 motion for stay of mandate until disposition of petition for panel rehearing and rehearing en banc; mandate stayed pending filing for certiorari; motion to recall mandate if already issued. Deficiencies: No certificate of service. (Note: PFR due 4/30/18, see court's order filed 2/22/18) [10796495] [14-10141, 14-10196] (RR) [Entered: 03/13/2018 01:17 PM]
March 1, 2018 Filing 134 Terminated Suzanne Adele Luban for Steven Zinnel in 14-10141 [10782255] [14-10141, 14-10196] (AF) [Entered: 03/01/2018 09:56 AM]
March 1, 2018 Filing 133 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN): In appeal number 14-10141, the motion of Suzanne A. Luban, Esq. to withdraw as retained counsel for appellant Steven Zinnel (Docket Entry No. [ # 132 ]) is granted. The Clerk shall change this courts docket to reflect that appellant Steven Zinnel, Reg. No. 66138-097, FCI Terminal Island, Federal Correctional Institution, P.O. Box 3007, San Pedro, CA 90733, is representing himself in appeal number 14-10141. The Clerk shall serve this order on all counsel of record and on appellant Steven Zinnel individually at the above address. In consolidated appeal numbers 14-10141 and 14-10196, the petitions for rehearing remain due April 30, 2018. [10782252] [14-10141, 14-10196] (AF) [Entered: 03/01/2018 09:55 AM]
February 25, 2018 Filing 132 Filed (ECF) Appellant Steven Zinnel in 14-10141 motion. Attorney(s) Attorney Suzanne Adele Luban for Appellant Steven Zinnel in 14-10141 motion to substitute counsel. Date of service: 02/25/2018. [10776256] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 02/25/2018 02:27 PM]
February 22, 2018 Filing 131 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN) Defendant-Appellant Zinnels motion to extend the time to file his petition for rehearing with suggestion for rehearing en banc is GRANTED. Defendant-Appellant Derian Eidsons motion for extension of time to file petition for rehearing and/or rehearing en banc is also GRANTED. Zinnel and Eidson shall both have until April 30, 2018 to file their respective petitions. Zinnels motion to shorten time by one day is construed as a motion to extend the time to file his request to extend the time to file his petition for rehearing. Treated as such, the motion is GRANTED. Zinnels motion to stay the mandate pending the Courts decision on his future petition for rehearing is DENIED without prejudice. See Fed. R. App. P. 4. [10772920] [14-10141, 14-10196] (OC) [Entered: 02/22/2018 09:57 AM]
February 20, 2018 Filing 130 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion to extend time to file petition for rehearing until 04/30/2018. Date of service: 02/20/2018. [10770622] [14-10196, 14-10141] (Robinson, Rachael) [Entered: 02/20/2018 11:15 PM]
February 20, 2018 Filing 129 Received copy of District Court order filed on 01/31/2018 as to Steven Zinnel staying defendant's counsel's motion to be relieved as counsel and order to strike defendant's pro se filings. [10769862] [14-10141, 14-10196] (RR) [Entered: 02/20/2018 02:31 PM]
February 17, 2018 Filing 128 Filed (ECF) Appellant Steven Zinnel in 14-10141 Motion to extend time to file petition for rehearing until 04/30/2018, Motion to stay the mandate. Date of service: 02/17/2018. [10768528] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 02/17/2018 07:18 PM]
February 9, 2018 Filing 127 FILED MEMORANDUM DISPOSITION (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN) AFFIRMED IN PART, REVERSED IN PART, and REMANDED for resentencing consistent with this disposition. FILED AND ENTERED JUDGMENT. [10757387] [14-10141, 14-10196] (RMM) [Entered: 02/09/2018 08:14 AM]
February 9, 2018 Filing 126 Filed order (WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN) The parties stipulated motion to supplement the record with transcripts of the audio recordings which were played at trial, App. Dkt. 19, is hereby GRANTED. Zinnels uncontested motion for judicial notice of items in support of his opening brief (jury instructions, verdict forms, U.S. Courts sentencing data, briefs and judgments filed in other cases, pages from the IRS website, the NACDL comparative fraud table for 2005-2009, and press releases), App. Dkt. 25, is hereby GRANTED. Eidsons uncontested motion for judicial notice of court records from Steve Zinnels bankruptcy case, App. Dkt. 32, is hereby GRANTED. Zinnels uncontested motion for judicial notice of the May-June 2005 Washington Mutual bank statement, App. Dkt. 85, is hereby GRANTED. [10757377] [14-10141, 14-10196] (RMM) [Entered: 02/09/2018 08:10 AM]
November 16, 2017 Filing 125 ARGUED AND SUBMITTED TO WILLIAM A. FLETCHER, RICHARD A. PAEZ and CLAUDIA WILKEN. [10659481] [14-10196, 14-10141] (EU) [Entered: 11/17/2017 03:39 PM]
November 16, 2017 Filing 124 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10658678] [14-10141, 14-10196] (BJK) [Entered: 11/17/2017 12:02 PM]
November 13, 2017 Filing 123 Filed (ECF) Appellant Steven Zinnel in 14-10141 Amended citation of supplemental authorities. Date of service: 11/13/2017. [10651107] [14-10141, 14-10196]--[COURT UPDATE: Edited docket text to reflect amended letter. 11/13/2017 by RY] (Luban, Suzanne) [Entered: 11/13/2017 11:39 AM]
November 11, 2017 Filing 122 Filed (ECF) Appellant Steven Zinnel in 14-10141 citation of supplemental authorities. Date of service: 11/11/2017. [10650547] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 11/11/2017 10:55 PM]
November 10, 2017 Filing 121 Filed (ECF) Appellant Derian Eidson in 14-10196 citation of supplemental authorities. Date of service: 11/10/2017. [10650479] [14-10196, 14-10141] (Robinson, Rachael) [Entered: 11/10/2017 02:20 PM]
November 9, 2017 Filing 120 Filed (ECF) Appellant Derian Eidson in 14-10196 citation of supplemental authorities. Date of service: 11/09/2017. [10650289] [14-10196, 14-10141] (Robinson, Rachael) [Entered: 11/09/2017 05:15 PM]
November 9, 2017 Filing 119 Filed (ECF) Appellant Steven Zinnel in 14-10141 citation of supplemental authorities. Date of service: 11/09/2017. [10648899] [14-10141, 14-10196]--[COURT UPDATE: attached certificate of service. 11/13/2017 by RY] (Luban, Suzanne) [Entered: 11/09/2017 12:20 AM]
November 7, 2017 Filing 118 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mrs. Audrey Benison Hemesath for Appellee USA in 14-10141, 14-10196. [10645893] [14-10141, 14-10196] (Hemesath, Audrey) [Entered: 11/07/2017 10:45 AM]
November 3, 2017 Filing 117 Filed (ECF) Appellee USA in 14-10141, 14-10196 citation of supplemental authorities. Date of service: 11/03/2017. [10642938] [14-10141, 14-10196] (Segal, Matthew) [Entered: 11/03/2017 12:40 PM]
November 2, 2017 Filing 116 Filed (ECF) Appellee USA in 14-10141, 14-10196 Correspondence: Division of oral argument. Date of service: 11/02/2017 [10642061] [14-10141, 14-10196] (Hemesath, Audrey) [Entered: 11/02/2017 04:23 PM]
October 26, 2017 Filing 115 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Becky S. James for Appellant Derian Eidson in 14-10196. [10633509] [14-10196, 14-10141] (Robinson, Rachael) [Entered: 10/26/2017 05:18 PM]
October 26, 2017 Filing 114 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Matthew D. Segal for Appellee USA in 14-10141, 14-10196. [10633274] [14-10141, 14-10196] (Segal, Matthew) [Entered: 10/26/2017 03:48 PM]
October 25, 2017 Filing 113 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Suzanne Adele Luban for Appellant Steven Zinnel in 14-10141. [10631219] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 10/25/2017 01:34 PM]
October 23, 2017 Filing 112 **REVISED**Notice of Oral Argument on Thursday, November 16, 2017 - 1:00 P.M. - Courtroom 1 - San Francisco CA.**NOTE: Time Changed** View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [10627984] [14-10141, 14-10196] (AKM) [Entered: 10/23/2017 02:16 PM]
September 22, 2017 Filing 111 Attorney Jessica Wynette Rosen substituted by Attorney Rachael A. Robinson. [10590523] [14-10141, 14-10196] (RL) [Entered: 09/22/2017 11:09 AM]
September 22, 2017 Filing 110 Filed (ECF) notice of appearance of Rachael A Robinson for Appellant Derian Eidson in 14-10196. Date of service: 09/22/2017. [10590505] [14-10196, 14-10141] (Robinson, Rachael) [Entered: 09/22/2017 11:04 AM]
September 10, 2017 Filing 109 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Suzanne Adele Luban for Appellant Steven Zinnel in 14-10141. [10575305] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 09/10/2017 03:12 PM]
September 8, 2017 Filing 108 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Becky S. James for Appellant Derian Eidson. [10574414] [14-10196]--[COURT UPDATE: Spread docket text to 14-10141. 09/08/2017 by RY] (James, Becky) [Entered: 09/08/2017 12:32 PM]
September 7, 2017 Filing 107 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Matthew D. Segal for Appellee USA. [10572991] [14-10141]--[COURT UPDATE: Spread docket text to 14-10196. 09/07/2017 by RY] (Segal, Matthew) [Entered: 09/07/2017 01:56 PM]
September 7, 2017 Filing 106 Received phone call from appellant counsel Suzanne Luban - filing of acknowledgment of hearing notice will be delayed due to restricted internet access as a result of Hurricane Irma. [10573462] [14-10141, 14-10196] (JBS) [Entered: 09/07/2017 04:19 PM]
September 6, 2017 Filing 105 Notice of Oral Argument on Thursday, November 16, 2017 - 09:00 A.M. - Courtroom 1 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [10571444] [14-10141, 14-10196] (AKM) [Entered: 09/06/2017 03:26 PM]
July 25, 2017 Filing 104 This case is being considered for the November 2017 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10521242] (AW) [Entered: 07/25/2017 04:21 PM]
June 20, 2017 Filing 103 Filed (ECF) Appellant Steven Zinnel in 14-10141 joinder to brief [ # 89 ] submitted by Appellant Derian Eidson in 14-10196. Date of service: 06/20/2017. [10481679] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 06/20/2017 04:11 PM]
June 19, 2017 Filing 102 Filed (ECF) Appellee USA in 14-10141, 14-10196 Correspondence: Regarding availability for oral argument. Date of service: 06/19/2017 [10479402] [14-10141, 14-10196] (Hemesath, Audrey) [Entered: 06/19/2017 02:53 PM]
June 17, 2017 Filing 101 Filed (ECF) Appellant Steven Zinnel in 14-10141 Correspondence: Regarding availability for oral argument. Date of service: 06/17/2017 [10477678] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 06/17/2017 11:31 PM]
June 16, 2017 Filing 100 This case is being considered for the October 2017 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10476308] (AW) [Entered: 06/16/2017 10:01 AM]
June 14, 2017 Filing 99 Filed 4 paper copies of further excerpts of record [ # 90 ] in 1 volume(s) (entitled: volume 8) filed by Appellant Derian Eidson. [10475306] [14-10141, 14-10196] (GWL) [Entered: 06/15/2017 02:02 PM]
June 14, 2017 Filing 98 Received 7 paper copies of Reply Brief [ # 86 ] filed by Steven Zinnel in 14-10141. [10472783] [14-10141, 14-10196] (SD) [Entered: 06/14/2017 10:42 AM]
June 13, 2017 Filing 96 Received 7 paper copies of Reply Brief [ # 89 ] filed by Derian Eidson in 14-10196. [10470675] [14-10141, 14-10196] (SD) [Entered: 06/13/2017 10:41 AM]
June 12, 2017 Filing 97 Filed Appellee USA 4 CDs containing Government Exhibit 2101. Sent to records. [10471395] [14-10141, 14-10196] (GWL) [Entered: 06/13/2017 01:53 PM]
June 8, 2017 Filing 95 Filed clerk order: The reply brief [ # 89 ] submitted by Derian Eidson in 14-10196 is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the further excerpts of record [ # 90 ] submitted by Derian Eidson in 14-10196. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10465552] [14-10141, 14-10196] (KT) [Entered: 06/08/2017 03:54 PM]
June 8, 2017 Filing 94 Filed clerk order: The reply brief [ # 86 ] submitted by Steven Zinnel in 14-10141 is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10465543] [14-10141, 14-10196] (KT) [Entered: 06/08/2017 03:52 PM]
June 8, 2017 Filing 93 Filed clerk order (Deputy Clerk: HEG): Appellees motion pursuant to 9th Cir. R. 27-14 for leave to transmit to this Court Governments Exhibit 2101, a CD containing an audio recording of a conversation between witness Tom Wilbert and defendant Steven Zinnel, (Docket Entry No. [ # 75 ]), is granted. Counsel shall submit four copies of the exhibit within seven days of the date of this order. [10464700] [14-10141, 14-10196] (WL) [Entered: 06/08/2017 11:20 AM]
June 8, 2017 Filing 92 Filed order (Appellate Commissioner): Appellants Zinnels motion (Docket Entry No. [ # 87 ]) to file an oversized reply brief is granted. The Clerk shall file appellant Zinnels reply brief at Docket Entry No. [ # 86 ]. Appellant Eidsons motion (Docket Entry No. [ # 91 ]) to file an oversized reply brief is granted. The Clerk shall file appellant Eidsons reply brief at Docket Entry No. [ # 89 ]. (Pro Mo) [10464231] [14-10141, 14-10196] (MS) [Entered: 06/08/2017 08:40 AM]
May 17, 2017 Filing 91 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion to file oversized brief. Date of service: 05/17/2017. [10439063] [14-10196, 14-10141] (James, Becky) [Entered: 05/17/2017 10:11 PM]
May 17, 2017 Filing 90 Submitted (ECF) further excerpts of record. Submitted by Appellant Derian Eidson in 14-10196. Date of service: 05/17/2017. [10439062] [14-10196, 14-10141] (James, Becky) [Entered: 05/17/2017 10:10 PM]
May 17, 2017 Filing 89 Submitted (ECF) Reply Brief for review. Submitted by Appellant Derian Eidson in 14-10196. Date of service: 05/17/2017. [10439061] [14-10196, 14-10141] (James, Becky) [Entered: 05/17/2017 10:09 PM]
May 17, 2017 Filing 88 Filed (ECF) Appellant Steven Zinnel in 14-10141 Motion for miscellaneous relief [Second Motion For Judicial Notice]. Date of service: 05/17/2017. [10439059] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 05/17/2017 09:45 PM]
May 17, 2017 Filing 87 Filed (ECF) Appellant Steven Zinnel in 14-10141 Motion to file oversized brief. Date of service: 05/17/2017. [10439057] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 05/17/2017 09:40 PM]
May 16, 2017 Filing 86 Submitted (ECF) Reply Brief for review. Submitted by Appellant Steven Zinnel in 14-10141. Date of service: 05/16/2017. [10437309] [14-10141, 14-10196]--[COURT UPDATE: Removed motions (correctly refiled in entries [ # 87 ], [ # 88 ] ). 05/18/2017 by RY] (Luban, Suzanne) [Entered: 05/16/2017 11:53 PM]
May 5, 2017 Filing 85 Filed order (Appellate Commissioner): Appellant Zinnels motion (Docket Entry No. [ # 82 ]) to reconsider the extension of time to file the reply brief portion of the April 3, 2017 order at Docket Entry No. [ # 78 ] is granted. The optional reply brief for appellant Zinnel is now due May 17, 2017. (Pro Mo) [10423422] [14-10141, 14-10196] (JBS) [Entered: 05/05/2017 10:03 AM]
April 14, 2017 Filing 84 Streamlined request [83] by Appellant Derian Eidson in 14-10196 to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 05/17/2017. [10397195] [14-10196, 14-10141] (Witt, Dusty) [Entered: 04/14/2017 03:48 PM]
April 14, 2017 Filing 83 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Derian Eidson in 14-10196. New requested due date is 05/17/2017. [10397044] [14-10196, 14-10141] (James, Becky) [Entered: 04/14/2017 03:07 PM]
April 12, 2017 Filing 82 Filed (ECF) Appellant Steven Zinnel in 14-10141 motion for reconsideration of non-dispositive Appellate Commissioner Order of 04/03/2017. Date of service: 04/12/2017. [10394113] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 04/12/2017 05:10 PM]
April 5, 2017 Filing 81 Filed 4 paper copies of supplemental excerpts of record [ # 73 ] in 3 volume(s) filed by Appellee USA. [10385118] [14-10141, 14-10196] (KT) [Entered: 04/05/2017 03:07 PM]
April 5, 2017 Filing 80 Received 7 paper copies of Answering Brief [ # 72 ] filed by USA. [10384855] [14-10141, 14-10196] (SD) [Entered: 04/05/2017 01:59 PM]
April 3, 2017 Filing 79 Filed clerk order: The answering brief [ # 72 ] submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the supplemental excerpts of record [ # 73 ] submitted by USA. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10381805] [14-10141, 14-10196] (KT) [Entered: 04/03/2017 04:39 PM]
April 3, 2017 Filing 78 Filed order (Appellate Commissioner): The appellees motion (Docket Entry No. [ # 74 ]) to file an oversized answering brief is granted. The Clerk shall file the answering brief (Docket Entry No. [ # 72 ]) submitted on February 23, 2017. Appellant Zinnels opposed motion (Docket Entry No. [ # 76 ]) for an extension of time to file the reply brief is granted in part. The reply brief for appellant Zinnel is now due 30 days after the date of this order. The reply brief for appellant Eidson is due within 14 days after the date of this order. The motion (Docket Entry No. [ # 75 ]) to transmit exhibit shall be addressed by separate order. [10381434] [14-10141, 14-10196] (JBS) [Entered: 04/03/2017 03:12 PM]
March 9, 2017 Filing 77 Filed (ECF) Appellant Derian Eidson in 14-10196 response opposing motion ([ # 76 ] Motion (ECF Filing), [ # 76 ] Motion (ECF Filing) motion to extend time to file brief). Date of service: 03/09/2017. [10349826] [14-10196, 14-10141] (James, Becky) [Entered: 03/09/2017 10:32 AM]
March 2, 2017 Filing 76 Filed (ECF) Appellant Steven Zinnel in 14-10141 Motion to extend time to file Reply brief until 07/31/2017. Date of service: 03/02/2017. [10341379] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 03/02/2017 05:40 PM]
February 23, 2017 Filing 75 Filed (ECF) Appellee USA in 14-10141, 14-10196 Motion to transmit exhibit. Date of service: 02/23/2017. [10331609] [14-10141, 14-10196] (Hemesath, Audrey) [Entered: 02/23/2017 05:38 PM]
February 23, 2017 Filing 74 Filed (ECF) Appellee USA in 14-10141, 14-10196 Motion to file oversized brief. Date of service: 02/23/2017. [10331607] [14-10141, 14-10196] (Hemesath, Audrey) [Entered: 02/23/2017 05:35 PM]
February 23, 2017 Filing 73 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee USA in 14-10141, 14-10196. Date of service: 02/23/2017. [10331605] [14-10141, 14-10196] (Hemesath, Audrey) [Entered: 02/23/2017 05:32 PM]
February 23, 2017 Filing 72 Submitted (ECF) Answering Brief for review. Submitted by Appellee USA in 14-10141, 14-10196. Date of service: 02/23/2017. [10331595] [14-10141, 14-10196] (Hemesath, Audrey) [Entered: 02/23/2017 05:26 PM]
August 31, 2016 Filing 71 Filed order (MARSHA S. BERZON and ANDREW D. HURWITZ) Appellees motion for leave to file an oversized response to appellant Eidsons motion for bail pending appeal (Docket Entry No. [ # 66 ] in appeal No. 14-10141) is granted. Appellant Eidsons motion for leave to file an oversized reply in support of the motion for bail pending appeal (Docket Entry No. [ # 70 ] in appeal No. 14-10141) is granted. Appellees motion to transmit exhibit in support of its response to appellant Eidsons bail motion (Docket Entry No. [ # 67 ] in appeal No. 14-10141) is denied. In reviewing the district courts denial of release pending appeal, we review factual determinations for clear error and legal determinations de novo. United States v. Garcia, 340 F.3d 1013, 1015 (9th Cir. 2003). The district court did not err in finding that appellant Eidson has not shown, by clear and convincing evidence, that she is not likely to flee or to pose a danger to the safety of any other person or the community if released. See 18 U.S.C. 3143(b); United States v. Handy, 761 F.2d 1279, 1283 (9th Cir. 1985). Accordingly, appellant Eidsons motion for bail pending appeal (Docket Entry No. [ # 60 ] in appeal No. 14-10141) is denied. The briefing schedule established previously remains in effect. [10108597] [14-10141, 14-10196] (WL) [Entered: 08/31/2016 02:28 PM]
August 25, 2016 Filing 70 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion for miscellaneous relief [to file oversize reply]. Date of service: 08/25/2016. [10101726] [14-10196, 14-10141] (James, Becky) [Entered: 08/25/2016 11:43 PM]
August 25, 2016 Filing 69 Filed (ECF) Appellant Derian Eidson in 14-10196 reply to response (motion for bail pending appeal or trial, ). Date of service: 08/25/2016. [10101725] [14-10196, 14-10141]--[COURT UPDATE: Attached exhibits. 08/26/2016 by RY] (James, Becky) [Entered: 08/25/2016 11:28 PM]
August 16, 2016 Filing 68 Filed (ECF) Appellant Derian Eidson in 14-10196 response opposing motion ([ # 67 ] Motion (ECF Filing), [ # 67 ] Motion (ECF Filing) motion to transmit exhibit). Date of service: 08/16/2016. [10089296] [14-10141, 14-10196] (James, Becky) [Entered: 08/16/2016 03:57 PM]
August 16, 2016 Filing 67 Filed (ECF) Appellee USA in 14-10196, 14-10141 Motion to transmit exhibit. Date of service: 08/16/2016. [10088457] [14-10196, 14-10141] (Khasigian, Kevin) [Entered: 08/16/2016 11:17 AM]
August 15, 2016 Filing 66 Filed (ECF) Appellee USA in 14-10196, 14-10141 Motion for miscellaneous relief [Government's motion to file oversize opposition to Eidson's motion for bail pending appeal]. Date of service: 08/15/2016. [10087875] [14-10196, 14-10141] (Khasigian, Kevin) [Entered: 08/15/2016 06:18 PM]
August 15, 2016 Filing 65 Filed (ECF) Appellee USA in 14-10196, 14-10141 response opposing motion ([ # 60 ] Motion (ECF Filing), [ # 60 ] Motion (ECF Filing) motion for bail pending appeal or trial). Date of service: 08/15/2016. [10087870] [14-10196, 14-10141] (Khasigian, Kevin) [Entered: 08/15/2016 06:09 PM]
August 1, 2016 Filing 64 Filed clerk order (Deputy Clerk: ELF): Appellees motion for an extension of time to file the response to Appellant Eidsons motion for bail pending appeal (Docket Entry No. [ # 63 ] in appeal No. 14-10141) is granted. The response is now due August 15, 2016. The optional reply in support of the motion remains due within 7 days after service of the response. [10070250] [14-10141, 14-10196] (TSP) [Entered: 08/01/2016 10:07 AM]
July 26, 2016 Filing 63 Filed (ECF) Appellee USA in 14-10196, 14-10141 Motion to extend time to file a response until 08/15/2016. Date of service: 07/26/2016. [10064435] [14-10196, 14-10141] (Khasigian, Kevin) [Entered: 07/26/2016 04:46 PM]
July 22, 2016 Filing 62 Filed clerk order (Deputy Clerk: ELF): Appellant Eidsons motion for leave to file an oversized bail motion (Docket Entry No. [ # 61 ] in appeal No. 14-10141) is granted. Appellees response to appellant Eidsons motion for bail pending appeal is due August 1, 2016. Appellant Eidsons optional reply in support of the motion is due within 7 days after service of the response. [10060551] [14-10141, 14-10196] (TSP) [Entered: 07/22/2016 04:24 PM]
July 14, 2016 Filing 61 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion for miscellaneous relief [file oversize motion]. Date of service: 07/14/2016. [10051033] [14-10196, 14-10141] (James, Becky) [Entered: 07/14/2016 11:39 PM]
July 14, 2016 Filing 60 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion for bail pending Appeal. Date of service: 07/14/2016. [10051032] [14-10196, 14-10141] (James, Becky) [Entered: 07/14/2016 11:35 PM]
June 14, 2016 Filing 59 Mailed a copy of 6/14/16 order [ # 58 ] to pro se appellant Zinnel at Reg. No. 66138-097, Federal Correctional Institution, P.O. Box 3007, San Pedro, California 90733-0207. [10014360] [14-10141, 14-10196] (WL) [Entered: 06/14/2016 01:44 PM]
June 14, 2016 Filing 58 Filed clerk order (Deputy Clerk: DL): On May 31, 2016, this court received appellant Steven Zinnels pro se motion for reconsideration (Doc. Entry No. [ # 57 ]) in consolidated appeal No. 14- 10141, which the court electronically served on appellants retained counsel, Suzanne A. Luban, Esq. Because appellant is represented by counsel, only counsel may file motions, and this court therefore declines to entertain the submission. The previously established briefing schedule remains in effect for these consolidated appeals. The Clerk shall serve this order on counsel and appellant Zinnel at Reg. No. 66138-097, Federal Correctional Institution, P.O. Box 3007, San Pedro, California 90733-0207. [10014351] [14-10141, 14-10196] (WL) [Entered: 06/14/2016 01:42 PM]
May 31, 2016 Filing 57 Filed letter from pro se Steven Zinnel dated 5/24/16 re: objecting to court's order filed 5/23/16. Served on 05/25/2016. Deficiency: party has counsel. [9999122] [14-10141, 14-10196][COURT UPDATE: Changed Filed Date,--[Edited 06/02/2016 by BY] (RR) [Entered: 06/01/2016 05:06 PM]
May 23, 2016 Filing 56 Filed order (Appellate Commissioner): The appellees motion for an extension of time to file the answering brief is granted. The answering brief is now due February 23, 2017. In view of the lengthy extension granted by this order, any further motion to extend the due date of the answering brief is strongly disfavored. The optional reply brief is due within 14 days after service of the answering brief. (Pro Mo) [9987490] [14-10141, 14-10196] (MS) [Entered: 05/23/2016 03:39 PM]
May 13, 2016 Filing 55 Filed (ECF) Errata to Opening brief ([ # 51 ] Brief Submitted for Review (ECF Filing)). Filed by Appellant Derian Eidson in 14-10196. Date of service: 05/13/2016. [9976790] [14-10196, 14-10141] (Rosen, Jessica) [Entered: 05/13/2016 04:19 PM]
May 13, 2016 Filing 54 Filed (ECF) Appellee USA in 14-10141, 14-10196 Motion to extend time to file Answering brief until 02/23/2017. Date of service: 05/13/2016. [9976678] [14-10141, 14-10196] (Hemesath, Audrey) [Entered: 05/13/2016 03:35 PM]
April 27, 2016 Filing 53 Received 7 paper copies of Opening brief [ # 51 ] filed by Derian Eidson in 14-10196. [9956855] [14-10141, 14-10196] (SD) [Entered: 04/28/2016 01:22 PM]
April 22, 2016 Filing 52 Filed clerk order: The opening brief [ # 51 ] submitted by Derian Eidson in 14-10196 is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9949980] [14-10141, 14-10196] (KT) [Entered: 04/22/2016 01:50 PM]
April 21, 2016 Filing 51 Submitted (ECF) Opening Brief for review. Submitted by Appellant Derian Eidson in 14-10196. Date of service: 04/21/2016. [9949218] [14-10196, 14-10141] (James, Becky) [Entered: 04/21/2016 08:35 PM]
April 20, 2016 Filing 50 Mailed a copy of 4/20/16 order to pro se appellant Eidson at Reg. No. 66143-097, Federal Correctional Institution, P.O. Box 3850, Adelanto, California 92301.. [9947366] [14-10141, 14-10196] (WL) [Entered: 04/20/2016 03:14 PM]
April 20, 2016 Filing 49 Filed order (Appellate Commissioner): The court has received and reviewed appellant Derian Eidsons response to the courts March 17, 2016 order to show cause why appellant Eidsons in forma pauperis status should not be revoked in consolidated appeal No. 14-10196. The response is satisfactory. Appellant Eidson shall retain her in forma pauperis status in consolidated appeal No. 14-10196. The briefing schedule established on April 4, 2016 in these consolidated appeals remains in effect. The Clerk shall serve this order on counsel. The Clerk shall also serve this order on appellant Eidson in consolidated appeal No. 14-10196 at Reg. No. 66143-097, Federal Correctional Institution, P.O. Box 3850, Adelanto, California 92301. (AppComm Direct Criminal) [9947360] [14-10141, 14-10196] (WL) [Entered: 04/20/2016 03:13 PM]
April 13, 2016 Filing 48 Filed (ECF) Appellant Derian Eidson in 14-10196 response to order to show cause dated 03/17/2016. Date of service: 04/13/2016. [9937774] [14-10196, 14-10141] (James, Becky) [Entered: 04/13/2016 10:24 AM]
April 7, 2016 Filing 47 Received 7 paper copies of Opening brief [ # 30 ] filed by Steven Zinnel. [9932076] [14-10141, 14-10196] (SD) [Entered: 04/07/2016 03:34 PM]
April 7, 2016 Filing 46 Filed Appellant Steven Zinnel paper copies of excerpts of record [ # 31 ] in 7 volume(s). [9931807] [14-10141, 14-10196] (KT) [Entered: 04/07/2016 02:26 PM]
April 4, 2016 Filing 45 Filed clerk order: The opening brief [ # 30 ] submitted by Steven Zinnel in 14-10141 is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 31 ] submitted by Steven Zinnel in 14-10141. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9926761] [14-10141, 14-10196] (KT) [Entered: 04/04/2016 04:59 PM]
April 4, 2016 Filing 44 Filed order (Appellate Commissioner): Appellant Steven Zinnels motion for leave to file an oversized opening brief in case No. 14-10141 is granted. The Clerk shall file the brief. Appellant Derian Eidsons motion for leave to file an oversized opening brief in case No. 14-10196 is granted in part. A review of the proposed brief reveals that the brief may reasonably be shortened. Within 28 days after the date of this order, appellant Eidson shall file a substitute opening brief not to exceed 18,000 words. The consolidated answering brief is due within 30 days after service of appellant Eidsons substitute opening brief. The optional reply briefs are due within 14 days after service of the answering brief. (Pro Mo) [9926489] [14-10141, 14-10196] (ANL) [Entered: 04/04/2016 03:53 PM]
April 4, 2016 Filing 43 Mailed a copy of 4/4/16 order [ # 42 ] to appellat Derian Eidson at Reg. No. 66143-097, Federal Correctional Institution, P.O. Box 3850, Adelanto, California 92301. [9925194] [14-10141, 14-10196] (WL) [Entered: 04/04/2016 07:32 AM]
April 4, 2016 Filing 42 Filed clerk order (Deputy Clerk: DJV): Appellant Derian Edisons motion in consolidated appeal No. 14-10196 for an extension of time to respond to the courts March 17, 2016, order is granted. The response to the courts March 17, 2016, order to show cause why appellant Edisons in forma pauperis status should not be revoked is now due April 14, 2016. Failure to comply with the March 17, 2016, order may result in the revocation of appellant Edisons in forma pauperis status without further notice. All other pending motions will be addressed by separate order. The Clerk shall serve this order on counsel and appellant Edison individually at Reg. No. 66143-097, Federal Correctional Institution, P.O. Box 3850, Adelanto, California 92301. [9925190] [14-10141, 14-10196][COURT UPDATE: Correct PDF Attached, resent NDA,- 04/04/2016 by BY] (WL) [Entered: 04/04/2016 07:28 AM]
March 29, 2016 Filing 41 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion to extend time to file a response until 04/14/2016. Date of service: 03/29/2016. [9919567] [14-10196, 14-10141] (James, Becky) [Entered: 03/29/2016 12:51 PM]
March 23, 2016 Filing 40 Filed (ECF) Appellant Steven Zinnel in 14-10141 joinder to brief [ # 33 ] submitted by Appellant Derian Eidson in 14-10196. Date of service: 03/23/2016. [9913401] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 03/23/2016 06:26 PM]
March 17, 2016 Filing 39 Mailed a copy of 3/17/16 order [ # 38 ] to pro se appellant Derian Eidson in consolidated appeal No. 14-10196 at Reg. No. 66143-097, Federal Correctional Institution, P.O. Box 3850, Adelanto, California 92301 [9904851] [14-10141, 14-10196] (WL) [Entered: 03/17/2016 09:01 AM]
March 17, 2016 Filing 38 Filed order (Appellate Commissioner): On October 29, 2015, and February 9, 2016, respectively, retained counsel filed notices of appearances in consolidated appeal No. 14-10196. Accordingly, the court relieves appellants appointed counsel, Timothy Edward Warriner, Esq., as counsel of record in consolidated appeal No. 14-10196. Within 14 days after the date of this order, appellant Derian Eidson in consolidated appeal No. 14-10196 shall show cause why appellants in forma pauperis status should not be revoked and why this case should not be referred to the district court to determine whether appellant should be required to reimburse the Criminal Justice Act Fund for the cost of appellants appellate defense, including the cost of producing the reporters transcripts. See 18 U.S.C. 3006A(c), (f). All other pending motions shall be addressed by separate order. The Clerk shall serve this order on counsel and appellant Derian Eidson in consolidated appeal No. 14-10196 at Reg. No. 66143-097, Federal Correctional Institution, P.O. Box 3850, Adelanto, California 92301. (AppComm Direct Criminal) [9904837] [14-10141, 14-10196] (WL) [Entered: 03/17/2016 08:58 AM]
March 9, 2016 Filing 37 Filed (ECF) presentence report UNDER SEAL by Appellant Derian Eidson in 14-10196. [9895342] [14-10196, 14-10141] (James, Becky) [Entered: 03/09/2016 10:57 AM]
March 2, 2016 Filing 36 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 31 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellant Steven Zinnel in 14-10141. Date of service: 03/02/2016. [9885929] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 03/02/2016 09:57 AM]
March 2, 2016 Filing 35 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion to take judicial notice of various documents in bankruptcy proceeding. Date of service: 03/02/2016. [9885646] [14-10196, 14-10141] (James, Becky) [Entered: 03/02/2016 12:15 AM]
March 2, 2016 Filing 34 Filed (ECF) Appellant Derian Eidson in 14-10196 Motion to file oversized brief. Date of service: 03/02/2016. [9885645] [14-10196, 14-10141] (James, Becky) [Entered: 03/02/2016 12:09 AM]
March 1, 2016 Filing 33 Submitted (ECF) Opening Brief for review. Submitted by Appellant Derian Eidson in 14-10196. Date of service: 03/01/2016. [9885642] [14-10196, 14-10141] --[COURT UPDATE: Attached corrected brief. 03/04/2016 by TYL] (James, Becky) [Entered: 03/01/2016 11:59 PM]
March 1, 2016 Filing 32 Filed (ECF) presentence report UNDER SEAL by Appellant Steven Zinnel in 14-10141. [9885256] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 03/01/2016 04:06 PM]
March 1, 2016 Filing 31 Submitted (ECF) excerpts of record. Submitted by Appellant Steven Zinnel in 14-10141. Date of service: 03/01/2016. [9885206] [14-10141, 14-10196] --[COURT UPDATE: Attached corrected excerpts of record Vol 7. 03/04/2016 by TYL] (Luban, Suzanne) [Entered: 03/01/2016 03:57 PM]
March 1, 2016 Filing 30 Submitted (ECF) Opening Brief for review. Submitted by Appellant Steven Zinnel in 14-10141. Date of service: 03/01/2016. [9885174] [14-10141, 14-10196] --[COURT UPDATE: Attached corrected brief. 03/04/2016 by TYL] (Luban, Suzanne) [Entered: 03/01/2016 03:49 PM]
February 29, 2016 Filing 29 Filed (ECF) Appellant Steven Zinnel in 14-10141 Motion to file oversized brief. Date of service: 02/29/2016. [9883225] [14-10141, 14-10196] --[COURT UPDATE: Removed brief (refiled in entry 27). 03/04/2016 by TYL] (Luban, Suzanne) [Entered: 02/29/2016 04:02 PM]
February 26, 2016 Filing 28 Filed (ECF) Appellant Steven Zinnel in 14-10141 Motion to take judicial notice of Excerpts of jury instructions from other circuits and cases, verdict forms, U.S. Courts sentence data, amicus brief filed in another case, IRS website case descriptions, charts of cases and sentences, judgments and briefs, and press releases as set forth.. Date of service: 02/26/2016. [9881379] [14-10141, 14-10196] --[COURT UPDATE: Attached corrected exhibit. 03/04/2016 by TYL] (Luban, Suzanne) [Entered: 02/26/2016 08:00 PM]
February 19, 2016 Filing 27 Filed order (Appellate Commissioner): Appellants motion for a further extension of time to file the opening briefs is granted. The opening briefs are due March 1, 2016. Any further request for an extension of time to file the opening briefs is strongly disfavored. The answering brief is due March 31, 2016. The optional reply briefs are due within 14 days after service of the answering brief. (Pro Mo) [9870825] [14-10141, 14-10196] (MS) [Entered: 02/19/2016 10:25 AM]
February 10, 2016 Filing 26 Added attorney Jessica Wynette Rosen for Derian Eidson, in case 14-10196. [9860535] [14-10196, 14-10141] (CW) [Entered: 02/10/2016 07:50 AM]
February 9, 2016 Filing 25 Filed (ECF) notice of appearance of Jessica Wynette Rosen for Appellant Derian Eidson in 14-10196. Date of service: 02/09/2016. [9860426] [14-10196, 14-10141] (Rosen, Jessica) [Entered: 02/09/2016 08:12 PM]
February 9, 2016 Filing 24 Filed (ECF) Appellant Derian Eidson in 14-10196, Appellant Steven Zinnel in 14-10141 Joint Motion to extend time to file Opening brief until 03/01/2016. Date of service: 02/09/2016. [9860424] [14-10196, 14-10141] (James, Becky) [Entered: 02/09/2016 08:08 PM]
December 16, 2015 Filing 23 Filed clerk order (Deputy Clerk: GS): The joint motion to submit transcriptions of audio trial exhibits is construed as a motion to supplement the record and, so construed, is referred to the panel that will consider the merits of the appeal. The request regarding citing to the audio trial exhibits is provisionally granted with the understanding that the court may strike those references if the court declines to grant the motion to supplement. The current briefing schedule remains in effect. [9794207] [14-10141, 14-10196] (WL) [Entered: 12/16/2015 08:13 AM]
December 10, 2015 Filing 22 Filed (ECF) Appellant Steven Zinnel in 14-10141 Stipulated Motion for miscellaneous relief [Motion for Order Permitting the Parties and Court to Refer to (Unadmitted) Transcriptions of (Admitted) Audio Exhibits Played At Trial]. Date of service: 12/10/2015. [9786919] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 12/10/2015 01:09 AM]
December 9, 2015 Filing 21 Sent 12/9/15 order [ # 20 ] pro se appellants Steven Zinnel at Reg. No. 66138-097, Federal Correctional Institution Terminal Island, P.O. Box 3007, San Pedro, California 90731, and Derian Eidson, Reg. No. 66143-097, Federal Correctional Complex, P.O. Box 5300, Adelanto, California 92301.. [9784908] [14-10141, 14-10196] (WL) [Entered: 12/09/2015 08:31 AM]
December 9, 2015 Filing 20 Filed order (Appellate Commissioner): Appellants sixth unopposed joint motion for a extension of time to file the opening briefs is granted. The opening briefs are now due February 16, 2016. The consolidated answering brief is due March 17, 2016; and the optional reply briefs are due within 14 days after service of the consolidated answering brief. On October 2, 2015, this court received appellant Derian Eidsons pro se amended proof of service in appeal No. 14-10196, which the court served electronically on appellants appointed counsel, Becky S. James, Esq.,17383 Sunset Boulevard, Suite A315, Pacific Palisades, California 90272. Because appellant is represented by counsel, only counsel may file motions, and this court therefore declines to entertain the submission. The Clerk shall serve this order on counsel and appellants individually at; Steven Zinnel at Reg. No. 66138-097, Federal Correctional Institution Terminal Island, P.O. Box 3007, San Pedro, California 90731, and Derian Eidson, Reg. No. 66143-097, Federal Correctional Complex, P.O. Box 5300, Adelanto, California 92301. (AppComm Direct Criminal) [9784903] [14-10141, 14-10196] (WL) [Entered: 12/09/2015 08:28 AM]
November 23, 2015 Filing 19 Filed (ECF) Appellant Derian Eidson in 14-10196, Appellant Steven Zinnel in 14-10141 Joint Motion to extend time to file Opening brief until 02/16/2016. Date of service: 11/23/2015. [9766586] [14-10196, 14-10141] (James, Becky) [Entered: 11/23/2015 10:41 AM]
October 29, 2015 Filing 18 Attorney Timothy Edward Warriner in 14-10196 substituted by Attorney Becky S. James in 14-10196 [9738579] (Turcios, Margoth) [Entered: 10/29/2015 04:16 PM]
October 29, 2015 Filing 17 Filed (ECF) notice of appearance of Becky S. James for Appellant Derian Eidson. Date of service: 10/26/2015. [9738390] [14-10196] (James, Becky) [Entered: 10/29/2015 03:16 PM]
October 29, 2015 Filing 16 Filed (ECF) notice of appearance of Becky S James for Appellant Derian Eidson. Date of service: 10/29/2015. [9738380] [14-10196] (James, Becky) [Entered: 10/29/2015 03:13 PM]
October 2, 2015 Filing 15 Received Appellant Derian Eidson ProSE in 14-10196 notice re proof of service for emergency motion to terminate counsel, appointment of new counsel, and stay of aob filing deadline, service on 9/10/15. [9707046] [14-10141, 14-10196]--[Edited 11/25/2015 by RR] (RR) [Entered: 10/05/2015 01:32 PM]
October 1, 2015 Filing 14 Sent 10/1/15 order [ # 13 ] to pro se appellant Derian Eidson at No. 66143-097, Federal Correctional Complex, P.O. Box 5300, Adelanto, California 92301.. [9703131] [14-10141, 14-10196] (WL) [Entered: 10/01/2015 07:19 AM]
October 1, 2015 Filing 13 Filed order (Appellate Commissioner): Appellants fifth unopposed joint motion for a extension of time to file the opening briefs is granted. The opening briefs are now due November 30, 2015. The consolidated answering brief is due December 30, 2015; and the optional reply briefs are due within 14 days after service of the consolidated answering brief. On September 22, 2015, this court received appellant Derian Eidsons pro se emergency motion to terminate counsel, in appeal No. 14-10196, which the court served electronically on appointed counsel Timothy E. Warriner, Esq. Because appellant is represented by counsel, only counsel may file motions, and this court therefore declines to entertain the submission. The Clerk shall serve this order on counsel and appellant individually: Reg. No. 66143-097, Federal Correctional Complex, P.O. Box 5300, Adelanto, California 92301. (AppComm Direct Criminal) [9703120] [14-10141, 14-10196] (WL) [Entered: 10/01/2015 07:07 AM]
September 22, 2015 Filing 12 Filed Appellant Derian Eidson in 14-10196 EMERGENCY motion to withdraw counsel, for appointment of counsel and stay on AOB filing deadline. Deficiencies: No certificate of service. (Has CJA appointed counsel) [9693939] [14-10141, 14-10196] (RR) [Entered: 09/23/2015 02:21 PM]
September 22, 2015 Filing 11 Filed (ECF) Appellant Steven Zinnel in 14-10141 Unopposed Motion to extend time to file Opening brief until 11/30/2015. Date of service: 09/22/2015. [9692074] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 09/22/2015 01:24 PM]
July 7, 2015 Filing 10 Filed order (Appellate Commissioner): Appellants unopposed joint motion for a further extension of time to file the opening brief is granted. The consolidated opening brief is due September 30, 2015. The consolidated answering brief is due October 30, 2015. The consolidated optional reply brief is due within 14 days after service of the consolidated answering brief. (Pro Mo) [9601498] [14-10141, 14-10196] (MS) [Entered: 07/07/2015 03:05 PM]
July 2, 2015 Filing 9 Filed (ECF) Appellant Derian Eidson in 14-10196 Unopposed Motion to extend time to file Opening brief until 09/30/2015. Date of service: 07/02/2015. [9597970] [14-10196, 14-10141] (Warriner, Timothy) [Entered: 07/02/2015 03:50 PM]
January 7, 2015 Filing 8 Filed order (Appellate Commissioner): Appellants unopposed joint motion for a third extension of time to file the opening brief is granted. The consolidated opening brief is due July 15, 2015. The consolidated answering brief is due August 14, 2015. The consolidated optional reply brief is due within 14 days after service of the consolidated answering brief. The motion of Attorney Luban to file her second declaration under seal is granted. (Pro Mo) [9374605] [14-10141, 14-10196] (MS) [Entered: 01/07/2015 05:00 PM]
December 29, 2014 Filing 7 Filed [UNDER SEAL] Appellant Steven Zinnel request for leave to file under seal; second declaration of Suzanne A. Luban in support of unopposed joint motion for further extension of time to file appellant's brief. . Deficiencies: None. Served on 12/26/2014. [9364955] [14-10196, 14-10141] (Turcios, Margoth) [Entered: 12/30/2014 08:46 AM]
December 26, 2014 Filing 6 Filed (ECF) Appellant Steven Zinnel in 14-10141 Unopposed Motion to extend time to file Opening brief until 07/15/2015. Date of service: 12/26/2014. [9362866] [14-10196, 14-10141] (Luban, Suzanne) [Entered: 12/26/2014 03:42 PM]
September 24, 2014 Filing 5 Filed order (Appellate Commissioner): Appellants unopposed joint motion for a second extension of time to file the opening brief is granted. The consolidated opening brief is due February 2, 2015. The consolidated answering brief is due March 4, 2015. The consolidated optional reply brief is due within 14 days after service of the consolidated answering brief. [9252717] [14-10141, 14-10196] (RT) [Entered: 09/24/2014 03:15 PM]
September 19, 2014 Filing 4 Filed (ECF) Appellant Steven Zinnel in 14-10141 Unopposed Motion to extend time to file Opening brief until 02/02/2015 at 11:59 pm. Date of service: 09/19/2014. [9247496] [14-10141, 14-10196] (Luban, Suzanne) [Entered: 09/19/2014 07:09 PM]
May 20, 2014 Filing 3 Filed order (Appellate Commissioner): Appellants unopposed motion to consolidate is granted. Nos. 14-10141 and 14-10196 shall proceed as consolidated appeals. Appellants unopposed motion for an extension of time to file the consolidated opening brief is granted. The consolidated opening brief is due October 7, 2014. Appellants motion to file an oversized opening brief is denied. The denial is without prejudice to a renewed motion to submit an over-length opening brief accompanied by a single copy of the brief. See 9th Cir. R. 32-2. The consolidated answering brief is due November 6, 2014. The optional reply brief is due within 14 days after service of the answering brief. (Pro Mo) [9102349] [14-10141, 14-10196] (BJB) [Entered: 05/20/2014 10:57 AM]
April 25, 2014 Filing 2 Criminal Justice Act electronic voucher created. (Counsel: Mr. Timothy Edward Warriner for Derian Eidson) [9074193] (BJK) [Entered: 04/28/2014 11:20 AM]
April 22, 2014 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 121 Months. Transcript ordered by 05/09/2014. Transcript due 06/09/2014. Appellant briefs and excerpts due by 07/18/2014 for Derian Eidson. Appellee brief due 08/18/2014 for United States of America. Appellant's optional reply brief is due 14 days after service of the answering brief. [9067193] (IV) [Entered: 04/22/2014 09:57 AM]

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Search for this case: USA v. Derian Eidson
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Defendant / appellant: DERIAN EIDSON
Represented By: Becky S. James
Represented By: Rachael A. Robinson
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Plaintiff / appellee: UNITED STATES OF AMERICA
Represented By: Matthew D. Segal
Represented By: Kevin Christopher Khasigian
Represented By: Audrey Benison Hemesath
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