USA v. Andrew Auernheimer Featured Case
Plaintiff - Appellee: UNITED STATES OF AMERICA
Defendant - Appellant: ANDREW AUERNHEIMER, a/k/a Weev a/k/a Weelos a/k/a Escher
Case Number: 13-1816
Filed: March 22, 2013
Court: U.S. Court of Appeals, Third Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
April 11, 2014 Summary United States v. Auernheimer

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Docket Report

This docket was last retrieved on July 10, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2014 Filing 81 MANDATE ISSUED, filed. (CLW)
April 11, 2014 Filing 80 JUDGMENT, ORDERED and ADJUDGED by this Court that the order of the District Court entered October 26, 2012 is hereby REVERESED andthe Appellant's conviction, entered March 18, 2013 is hereby VACATED. The mandate shall issue forthwith. All of the above in accordance with the opinion of this Court. (CLW)
April 11, 2014 Opinion or Order Filing 79 PRECEDENTIAL OPINION Coram: CHAGARES, GREENAWAY JR. and VANASKIE, Circuit Judges. Total Pages: 22. Judge: CHAGARES Authoring. (CLW)
April 7, 2014 Filing 78 ECF FILER: Transcript of oral argument on 03/19/2014 prepared at the direction of the Court. (HMF)
April 2, 2014 Filing 77 ECF FILER: Response filed by Appellant Andrew Auernheimer to Rule 28(j) letter. Certificate of Service dated 04/02/2014. This document will be SENT TO THE MERITS PANEL, if/when applicable. (OSK)
March 31, 2014 Filing 75 ECF FILER: Letter dated 03/31/2014 , filed pursuant to Rule 28(j) from counsel for Appellee USA. This document will be SENT TO THE MERITS PANEL, if/when applicable. (GJM)
March 31, 2014 CLERK'S OFFICE QUALITY CONTROL MESSAGE: Response filed by Appellee USA to Rule 28(j) letter. ERROR: Document should have been filed as a second 28 j letter. CORRECTION: The Document will be removed from the docket for 03/28/2014 as attorney re-filed the document using the correct event. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (PDB)
March 28, 2014 ECF FILER: Response filed by Appellee USA to Rule 28(j) letter. Certificate of Service dated 03/28/2014. This document will be SENT TO THE MERITS PANEL, if/when applicable. (GJM)
March 24, 2014 Filing 73 ECF FILER: Response filed by Appellant Andrew Auernheimer to Rule 28(j) letter. Certificate of Service dated 03/24/2014. This document will be SENT TO THE MERITS PANEL, if/when applicable. (OSK)
March 24, 2014 Filing 72 CLERK'S LETTER to counsel written at the direction of the Court. At the direction of the court, counsel are hereby directed to file a transcript of oral argument by Monday, April 07, 2014 in the above entitled case. Liaison counsel should immediately advise the Clerk's Office of the Court Reporter or agency handling the Transcription of oral argument. The parties shall divide the cost of the preparation of the transcript. (Please see letter attached for full text) (PM)
March 20, 2014 Filing 71 ECF FILER: Letter dated 03/20/2014 , filed pursuant to Rule 28(j) from counsel for Appellee USA. This document will be SENT TO THE MERITS PANEL, if/when applicable. (GJM)
March 19, 2014 Filing 70 COURT MINUTES OF ARGUED/SUBMITTED CASES. [13-1816, 13-1404, 10-4774, 11-4587, 12-2077, 13-3232] (PM)
March 19, 2014 ARGUED on Wednesday, March 19, 2014. Panel: CHAGARES, GREENAWAY JR., and VANASKIE, Circuit Judges. Orin S. Kerr arguing for Appellant Andrew Auernheimer; Glenn J. Moramarco arguing for Appellee United States of America. (PM)
March 5, 2014 Filing 68 Oral Argument Notification for Wednesday, 03/19/2014. (PM)
January 31, 2014 Filing 67 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Orin S. Kerr, Esq. for Appellant Andrew Auernheimer. Certificate of Service dated 01/31/2014. (OSK)
January 31, 2014 Filing 66 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Glenn J. Moramarco, Esq. for Appellee USA. Certificate of Service dated 01/31/2014. (GJM)
January 29, 2014 Filing 65 Calendared for Tuesday, 03/18/2014. (PM)
December 30, 2013 HARD COPY RECEIVED from Appellant Andrew Auernheimer - Amended Reply Brief. Copies: 7. (RM)
December 24, 2013 Filing 63 ECF FILER: AMENDED ELECTRONIC REPLY BRIEF on behalf of Appellant Andrew Auernheimer, filed. Certificate of Service dated 12/24/2013 by ECF. (HMF)
December 19, 2013 Opinion or Order Filing 62 ORDER (FISHER and GARTH, Circuit Judges) The motions, responses, and replies are considered. Appellee's motion for a word limit extension is granted. Appellant's motion to file an oversized reply brief is denied. Appellant is directed to file an amended reply brief that complies with the word limitations of Fed R. App.P. 32(a)(7) within 10 days of the date of this order. Appellant's moiton to withdraw the motion to strike the government's brief is granted. The moiton to strike will be marked withdrawn on the docket.. Panel No.: XCO-010. Fisher, Authoring Judge. (CLW)
December 18, 2013 Filing 61 ECF FILER: LETTER from Tor B. Ekeland, Esq. for Appellant Andrew Auernheimer, Hanni M. Fakhoury, Esq. for Appellant Andrew Auernheimer, Marcia C. Hofmann, Esq. for Appellant Andrew Auernheimer, Mark H. Jaffe, Esq. for Appellant Andrew Auernheimer and Orin S. Kerr, Esq. for Appellant Andrew Auernheimer Time-sensitive request to lift stay, grant requests to file oversized briefs, and schedule case for oral argument. Certificate of Service dated 12/18/2013. (HMF)
October 29, 2013 HARD COPY RECEIVED from Appellant Andrew Auernheimer - Reply Brief. Copies: 7. (SJB)
October 25, 2013 Filing 59 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant Andrew Auernheimer, filed. Certificate of Service dated 10/25/2013 by ECF. (HMF)
October 14, 2013 Filing 58 ECF FILER: Withdrawal of Motion to strike Appellee's 26,495 word brief as deficient and Motion for Leave to File a Oversized Brief by Appellant Andrew Auernheimer. Certificate of Service dated 10/14/2013.--[Edited 10/15/2013 by MLR] (HMF)
October 2, 2013 COMPLIANCE RECEIVED. Two (2) additional copies of supplemental appendix received from Appellee USA. (EMA)
October 1, 2013 TEXT ONLY ORDER Action on Appellant's motions filed on 9/23/13 is hereby deferred pending disposition of Appellee's motion to exceed the word limitation. It is noted that the briefing schedule was stayed by the Clerk's order entered 8/5/13. (Clerk) (HAG)
September 27, 2013 TEXT ONLY ORDER (Clerk) directing Attorney Glenn J. Moramarco, Esq. for Appellee USA to submit 2 hard copies in white covers for the supplemental appendix e-filed on 09/20/2013, filed. Due on or before 10/03/2013. (EMA)
September 26, 2013 HARD COPY RECEIVED from Appellee USA - Supplemental Appendix. Copies: 2. Volumes: 1. (EMA)
September 26, 2013 HARD COPY RECEIVED from Appellee USA - Brief. Copies: 7. (RM)
September 24, 2013 Filing 52 ECF FILER: Response filed by Appellee USA to Motion to Strike. Certificate of Service dated 09/24/2013. (GJM)
September 23, 2013 Filing 51 ECF FILER: UNOPPOSED Motion filed by Appellant Andrew Auernheimer for Extension of Time to file Appellant's Reply Brief until/for October 25, 2013. Certificate of Service dated 09/23/2013. (HMF)
September 23, 2013 Filing 50 ECF FILER: Motion filed by Appellant Andrew Auernheimer to strike Brief for Appellee. Certificate of Service dated 09/23/2013. (HMF)
September 20, 2013 Filing 49 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee USA, filed. Certificate of Service dated 09/20/2013 by ECF. (GJM)
September 20, 2013 Filing 48 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellee USA, filed. Certificate of Service dated 09/20/2013 by ECF. [Text edited to include modifier "Supplemental" ]--[Edited 09/24/2013 by EAF] (GJM)
August 6, 2013 Filing 47 ECF FILER: Reply by Appellee USA to Response Response , filed. Certificate of Service dated 08/06/2013. (GJM)
August 6, 2013 Filing 46 ECF FILER: Reply by Appellee USA to Response Response , filed. Certificate of Service dated 08/06/2013. (GJM)
August 5, 2013 Filing 45 ECF FILER: Response filed by Appellant Andrew Auernheimer to Motion to Accept Noncompliant filing, Motion stay request. Certificate of Service dated 08/05/2013. (HMF)
August 5, 2013 Filing 43 ECF FILER: Motion filed by Appellee USA to accept noncompliant filing of Appellee's Brief, to stay briefing schedule pending disposition of the motion. Certificate of Service dated 08/05/2013. (GJM)
August 5, 2013 TEXT ONLY ORDER (Clerk) The motion to stay the briefing schedule is hereby granted. The briefing schedule is stayed pending resolution of Appellee's motion to exceed the word limitation. Appellee's brief must be filed and served within 14 days of the date of the Order disposing of the motion. (HAG)
July 24, 2013 Filing 42 ECF FILER: ENTRY OF APPEARANCE from Jennifer S. Granick on behalf of Amicus Curiae Computer Security Researchers, Mozilla et al.. (JSG)
July 22, 2013 Filing 41 ECF FILER: ENTRY OF APPEARANCE from Kit Walsh on behalf of Amicus Curiae Digital Media Law Project. (CCW)
July 17, 2013 Opinion or Order Filing 40 ORDER (Clerk) The foregoing Motion by Amici Curiae Appellants for leave to file supplemental information to brief is construed as a motion for leave to file an addendum, filed. So construed, the motion is granted with filing as of July 8, 2013. (See attachment for complete text) (EMA)
July 11, 2013 Filing 39 ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Appellant Andrew Auernheimer , filed. Certificate of Service dated 07/11/2013 by ECF. (HMF)
July 10, 2013 Filing 34 ECF FILER: Motion filed by Amici Appellants Meridith Patterson, et al. to supplement the appendix. Certificate of Service dated 07/10/2013.--[Edited 07/12/2013 by MS] (ACM)
July 10, 2013 Filing 33 ECF FILER: ENTRY OF APPEARANCE from Alexander C. Muentz on behalf of Amicus Curiae Meredith Patterson, Brendan O'Connor, Sergey Bratus, Gabriella Coleman, Peyton Engel, Matthew Green, Dan Hirsch, Dan Kaminsky, Samuel Liles, Shane MacDougall, Brian Martin, C. Thomas, Peiter Zatko. (ACM)
July 10, 2013 HARD COPY RECEIVED from Amicus Appellants Computer Scientists, Mozilla Foundation and Security and Privacy Experts - Amicus Brief. Copies: 10. (MCW)
July 10, 2013 HARD COPY RECEIVED from Amicus Appellant Digital Media Law Project - Amicus Brief. Copies: 10. (MCW)
July 10, 2013 HARD COPY RECEIVED from Amicus Appellant National Association of Criminal Defense Lawyers - Addendum to Brief. Copies: 7. (MCW)
July 10, 2013 HARD COPY RECEIVED from Amicus Appellant National Association of Criminal Defense Lawyers - Amicus Brief. Copies: 7. (MCW)
July 9, 2013 Filing 32 ECF FILER: ENTRY OF APPEARANCE from Glenn Moramarco on behalf of Appellee(s) USA. (GJM)
July 9, 2013 Filing 31 ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of National Association of Criminal Defense Lawyers in support of Appellant/Petitioner, filed. Certificate of Service dated 07/08/2013 by ECF. (SPR)
July 8, 2013 Filing 29 ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of Mozilla Foundation et al in support of Appellant/Petitioner. Certificate of Service dated 07/08/2013. [Entry edited by Clerk's Office to reflect the correct event]--[Edited 07/16/2013 by EMA] (JSG)
July 8, 2013 Filing 28 ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of National Association of Criminal Defense Lawyers in support of Appellant/Petitioner, filed. Certificate of Service dated 07/08/2013 by ECF. (SPR)
July 8, 2013 Filing 27 ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF with Supplemental Appendix attached on behalf of Amici Appellants Meredith Patterson, et al. in support of Appellant/Petitioner, filed. Certificate of Service dated 07/08/2013 by ECF. [Entry edited by the Clerk to indicate that supplemental appendix is attached to brief.]--[Edited 07/10/2013 by MS] (ACM)
July 8, 2013 Filing 26 ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of Digital Media Law Project in support of Appellant/Petitioner, filed. Certificate of Service dated 07/08/2013 by ECF. (CCW)
July 8, 2013 HARD COPY RECEIVED from Amicus Appellants Sergey Bratus, Gabriella Coleman, Peyton Engel, Matthew Green, Dan Hirsch, Dan Kaminsky, Samuel Liles, Shane MacDougall, Brian Martin, Brendan O'Connor, Meredith Patterson, C. Thomas and Peiter Zatko - Amicus Brief with Supplemental Appendix attached. Copies: 7.--[Edited 07/11/2013 by MCW] (MCW)
July 5, 2013 HARD COPY RECEIVED from Appellant Andrew Auernheimer - Presentence Report. Copies: 4. (SJB)
July 5, 2013 HARD COPY RECEIVED from Appellant Andrew Auernheimer - Brief. Copies: 7. (SJB)
July 5, 2013 HARD COPY RECEIVED from Appellant Andrew Auernheimer - Appendix. Copies: 4. Volumes: 2. (EMA)
July 3, 2013 Appellee USA verbally granted an extension of time to file brief until 08/09/2013 pursuant to Third Cir. LAR 31.4. (TMK)
July 2, 2013 Filing 21 ECF FILER: ELECTRONIC BRIEF on behalf of Appellant Andrew Auernheimer, filed. Certificate of Service dated 07/02/2013 by ECF. [Modifier "Corrected" removed; no change within text of brief]--[Edited 07/11/2013 by EAF] (HMF)
July 2, 2013 Filing 20 ECF FILER: SEALED ELECTRONIC PRESENTENCE REPORT on behalf of Appellant Andrew Auernheimer, filed. Certificate of Service dated 07/02/2013. This document will be SENT TO THE MERITS PANEL if/when applicable. (HMF)
July 1, 2013 Filing 19 ECF FILER: ELECTRONIC APPENDIX on behalf of Appellant Andrew Auernheimer, filed. Certificate of Service dated 07/01/2013 by ECF. (HMF)
July 1, 2013 Filing 18 ECF FILER: ELECTRONIC VOLUME I of APPENDIX on behalf of Appellant Andrew Auernheimer, filed. Certificate of Service dated 07/01/2013 by ECF. (HMF)
July 1, 2013 Filing 16 ECF FILER: ENTRY OF APPEARANCE from Mark H. Jaffe on behalf of Appellant(s) Andrew Auerneheimer. (MHJ)
July 1, 2013 ECF FILER: ELECTRONIC BRIEF on behalf of Appellant Andrew Auernheimer, filed. Certificate of Service dated 07/01/2013 by ECF. [Attachment removed due to formatting deficiencies and re-filed as of 7/2/13]--[Edited 07/11/2013 by EAF] (HMF)
May 13, 2013 Filing 15 ECF FILER: LETTER from Attorney Marcia C. Hofmann, Esq. for Appellant Andrew Auernheimer Notice of Change of Firm Affiliation for Marcia C. Hofmann. Certificate of Service dated 05/13/2013. (MCH)
April 25, 2013 Opinion or Order Filing 14 ORDER (Clerk) Unopposed Motion by Appellant for Extension of Time to File Brief and Appendix. The motion is granted. Appellant's brief, appendix and pre-sentence report, if applicable, must be filed and served on or before July 01, 2013. Counsel's attention is directed to the Court's October 15, 2012 Noticie to Counsel, adivising that motions for extensions of time are disfavored. Accordingly, No further extensions of time will be granted, filed. (CLW)
April 23, 2013 Filing 13 ECF FILER: ENTRY OF APPEARANCE from Orin S. Kerr on behalf of Appellant(s) Andrew Auernheimer. (OSK)
April 23, 2013 Filing 12 ECF FILER: UNOPPOSED Motion filed by Appellant Andrew Auernheimer for Extension of Time to file Brief & Appendix until/for 56 days up to and including 7/1/13. Certificate of Service dated 04/23/2013. (TBE)
April 16, 2013 Filing 11 ECF FILER: ENTRY OF APPEARANCE from Marcia C. Hofmann on behalf of Appellant(s) Andrew Auernheimer. (MCH)
April 4, 2013 Filing 10 BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Andrew Auernheimer due on or before 05/06/2013. Appendix due on or before 05/06/2013. Presentence Report due on or before 05/06/2013. (CLW)
April 4, 2013 Notice received from the district court that the docketing and filing fees were paid by the appellant on 03/22/2013. (CLW)
April 3, 2013 Filing 8 ECF FILER: TRANSCRIPT PURCHASE ORDER (Part III) filed by Carmen Liloia for the date(s) of 03/18/2013. Transcripts were filed in the District Court on 04/01/2013. (CML)
April 1, 2013 Filing 7 ECF FILER: Criminal Information Statement filed by Appellant Andrew Auernheimer, received.--[Edited 04/02/2013 by CLW] (TBE)
April 1, 2013 Filing 6 ECF FILER: ENTRY OF APPEARANCE from Tor Ekeland on behalf of Appellant(s) Andrew Auernheimer. (TBE)
March 28, 2013 Filing 5 TRANSCRIPT PURCHASE ORDER FORM (Part 1), filed. Transcripts already on file in District Court. (CLW)
March 26, 2013 Filing 4 ECF FILER: ENTRY OF APPEARANCE from Mark E. Coyne on behalf of Appellee(s) USA. (MEC)
March 25, 2013 Filing 3 ECF FILER: ENTRY OF APPEARANCE from Mr. Hanni M. Fakhoury on behalf of Appellant(s) Andrew Auernheimer. (HMF)
March 22, 2013 Filing 1 CRIMINAL CASE DOCKETED. Notice filed by Andrew Auernheimer in District Court No. 2-11-cr-00470-001. (TMK)
March 22, 2013 RECORD available on District Court CM/ECF. (TMK)

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Plaintiff - appellee: UNITED STATES OF AMERICA
Represented By: Mark E. Coyne
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Defendant - appellant: ANDREW AUERNHEIMER, a/k/a Weev a/k/a Weelos a/k/a Escher
Represented By: Tor B. Ekeland
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