US v. Diaz
| JESUS DIAZ, a/k/a King Kiko |
| UNITED STATES |
| 26-1350 |
| April 7, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 5, 2026. A more recent docket listing may be available from PACER.
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ORDER appointing counsel. The court appoints Attorney Kathryn Hayne Barnwell for Jesus Diaz, in case 26-1350. Transcript Report/Order Form due 06/26/2026. [26-1350] (KPC) [Entered: 06/05/2026 10:28 AM]
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ORDER entered. In view of the district courts May 11, 2026, order enlarging the time for defendant appellant to file a notice of appeal in No. 1:19-cr-10459-AK (D. Mass.), said notice of appeal is considered timely filed and the above-captioned appeal may proceed. [26-1350] (GB) [Entered: 05/18/2026 06:55 PM]
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| NOTICE of Allowance of Second Motion to Enlarge Deadline for Filing Notice of Appeal to March 31, 2026 (Nunc Pro Tunc) filed by Appellant Jesus Diaz. Served on 05/11/2026. [26-1350] (JAS) [Entered: 05/11/2026 05:37 PM] |
| NOTICE of Filing of Second Motion to Enlarge Deadline for Filing Notice of Appeal in Response to Show Cause Order of April 27, 2026 filed by Appellant Jesus Diaz. Served on 05/10/2026. [26-1350] CLERK'S NOTE: The caption on the PDF attached is incorrect . THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, by 05/13/2026. (JAS) [Entered: 05/10/2026 04:28 PM] |
| NOTICE (Corrected) of Filing of Second Motion to Enlarge Deadline for Filing Notice of Appeal to March 31, 2026 filed by Appellant Jesus Diaz. Served on 05/10/2026. [26-1350] CLERK'S NOTE: The caption on the document attached is incorrect. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, by 05/13/2026. (JAS) [Entered: 05/10/2026 04:41 PM] |
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ORDER entered. Defendant-appellant Jesus Diaz has filed a request for the appointment of new counsel on appeal. Consideration of defendant-appellant's request will be deferred pending resolution of the April 27, 2026 order to show cause why this appeal should not be dismissed as untimely. [26-1350] (GB) [Entered: 05/01/2026 02:59 PM]
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ORDER to Show Cause entered. Upon review of the record in this case, it appears that this appeal should be dismissed as untimely. The defendant's notice of appeal filed on March 31, 2026, from the judgment and sentence entered on February 27, 2026, in No. 1:19-cr-10459-AK-58 (D. Mass.) is late. The notice of appeal was, however, filed within the thirty days immediately following that fourteen-day period. The district court, upon a showing of excusable neglect or good cause, may enlarge the time for filing a notice of appeal filed within that thirty-day period. See Fed. R. App. P. 4(b)(4). While the district court granted defendant's motion for an extension of time to file the notice of appeal until March 27, 2026 (D.E. 3579, 3580), the notice of appeal was not filed until March 31, 2026. On or before May 11, 2026 , defendant is directed to inform this court whether a second motion to enlarge has been filed in the district court and, if so, to provide proof of filing. If no second motion to enlarge is filed by May 11, 2026 , both parties are directed to file a response addressing whether the appeal should be dismissed as untimely. [26-1350] (GB) [Entered: 04/27/2026 11:51 AM]
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| NOTICE of appearance on behalf of Appellant Jesus Diaz filed by Attorney Jennifer A. Sunderland. Served on 04/22/2026. [26-1350] (JAS) [Entered: 04/22/2026 03:52 PM] |
| DOCKETING statement filed by Appellant Jesus Diaz. Served on 04/22/2026. [26-1350] (JAS) [Entered: 04/22/2026 03:53 PM] |
| CJA FORM 24 and transcript order form filed by Appellant Jesus Diaz. Served on 04/22/2026. [26-1350] (JAS) [Entered: 04/22/2026 03:53 PM] |
| FORM for selection of counsel on appeal filed by Appellant Jesus Diaz requesting the appointment of new counsel. Served on 04/22/2026. [26-1350] (JAS) [Entered: 04/22/2026 03:54 PM] |
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| Appellee: UNITED STATES | |
| Represented By: | Philip Mallard |
| Represented By: | Donald Campbell Lockhart |
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| Defendant: JESUS DIAZ, a/k/a King Kiko | |
| Represented By: | Jesus Diaz |
| Represented By: | Kathryn Hayne Barnwell |
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