United States v. Joshua Duggar
| United States of America |
| Joshua James Duggar |
| 22-2178 |
| June 6, 2022 |
| U.S. Court of Appeals, Eighth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
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MANDATE ISSUED. [5323250] [22-2178] (CRJ) [Entered: 10/05/2023 10:03 AM]
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JUDGE ORDER:Denying [ # 5313247-2 ] petition for enbanc rehearing filed by Appellant Mr. Joshua James Duggar. The petition for panel rehearing is also denied. PUBLISHED ORDER. Hrg Feb 2023 [5320811] [22-2178] (CRJ) [Entered: 09/28/2023 01:00 PM]
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PETITION for enbanc rehearing and also for rehearing by panel filed by Appellant Mr. Joshua James Duggar w/service 09/05/2023 [5313247] [22-2178] (JG) [Entered: 09/05/2023 06:59 PM]
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MOTION for extension of time to file petition for rehearing until 09/05/2023, filed by Attorney Mr. Justin Gelfand for Appellant Mr. Joshua James Duggar w/service 08/18/2023. [5307735] [22-2178] (JG) [Entered: 08/18/2023 01:22 PM]
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CLERK ORDER:Granting [ # 5307735-2 ] motion for extension of time to file rehearing filed by Mr. Justin Gelfand. Petition for Rehearing due on 09/05/2023 [5307823] [22-2178] (CRJ) [Entered: 08/18/2023 02:53 PM]
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OPINION FILED - THE COURT: Lavenski R. Smith, David R. Stras and Jonathan A. Kobes AUTHORING JUDGE:David R. Stras (PUBLISHED) [5303228] [22-2178] (NDG) [Entered: 08/07/2023 07:49 AM]
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JUDGMENT FILED - The judgment of the Originating Court is AFFIRMED in accordance with the opinion LAVENSKI R. SMITH, DAVID R. STRAS and JONATHAN A. KOBES Hrg Feb 2023 [5303230] [22-2178] (NDG) [Entered: 08/07/2023 07:56 AM]
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ARGUED & SUBMITTED in Kansas City to Judges Lavenski R. Smith, David R. Stras, Jonathan A. Kobes on 02/16/2023. Mr. Justin Gelfand for Appellant Mr. Joshua James Duggar. Mr. Joshua K. Handell for Appellee United States of America.. Rebuttal by Mr. Justin Gelfand for Mr. Joshua James Duggar . RECORDED. # Click Here To Listen to Oral Argument [5246748] [22-2178] (JMM) [Entered: 02/16/2023 01:13 PM]
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28(j) citation filed by Appellee United States of America w/service 01/24/2023 - FOR CAL [5238623] [22-2178] (JKH) [Entered: 01/24/2023 11:12 AM]
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PUBLIC DOCKET NOTE: Please disregard the ACTION REQUIRED section regarding covid-19 protocols for cases set for oral argument in February, 2023. [5236078] [22-1826, 22-1941, 22-2236, 22-2247, 22-2120, 22-2883, 22-2437, 21-3093, 21-3356, 22-1763, 22-1356, 22-2062, 22-2178, 21-3903, 22-2138, 22-2021, 22-2495, 22-1106, 22-2368, 22-1918, 21-3819, 22-2284, 22-2379] (JMM) [Entered: 01/17/2023 08:46 AM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Joshua K. Handell for United States of America for argument in February, at the U.S. Courthouse in Kansas City, Missouri. [5236136] [22-2178] (JKH) [Entered: 01/17/2023 10:04 AM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Travis W. Story for Mr. Joshua James Duggar for argument in February, at the U.S. Courthouse in Kansas City, Missouri. [5236194] [22-2178] (TWS) [Entered: 01/17/2023 11:34 AM]
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SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in Kansas City on Thursday, February 16, 2023. To be heard before Judges Lavenski R. Smith, David R. Stras and Jonathan A. Kobes in Division I. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. ACTION REQUIRED All attorneys presenting in-person oral argument must submit either a PDF of their vaccination card or proof of a recent negative COVID-19 test result. To submit your document, please file the document in CM/ECF using the "COVID-19 Certification for Oral Argument" event. This does not replace the need to file the Oral Argument Response Form. # Click Here to View Courthouse Specific COVID-19 Requirements [5235994] [22-2178] (JMM) [Entered: 01/17/2023 07:21 AM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Justin Gelfand for Mr. Joshua James Duggar for argument in February, at the U.S. Courthouse in Kansas City, Missouri. [5236149] [22-2178] (JG) [Entered: 01/17/2023 10:29 AM]
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Paper copies Reply brief, [ # 5230640-2 ] filed by Mr. Joshua James Duggar 10 paper copies received. [5231935] [22-2178] (CNL) [Entered: 01/03/2023 09:35 AM]
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BRIEF FILED - APPELLANT REPLY BRIEF filed by Mr. Joshua James Duggar. w/service 12/27/2022 , Length: 6,478 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Joshua James Duggar due 01/03/2023 WITH certificate of service for paper briefs [5230640] [22-2178] (CRJ) [Entered: 12/27/2022 04:28 PM]
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REPLY brief of Mr. Joshua James Duggar submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5230609] [22-2178] (JG) [Entered: 12/27/2022 03:44 PM]
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CORRECTED/INITIAL certificate of service for Paper Brief , Doc No. [ # 5220826-2 ], Court Record , Doc No. [5220835-2], filed by Appellee United States of America [5226927] [22-2178]--[Edited 12/13/2022 by CRJ. Entry edited to relate cert of service to paper briefs.] (JKH) [Entered: 12/13/2022 12:23 PM]
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CLERK ORDER:Granting [ # 5225704-2 ] motion for extension of time to file brief filed by Mr. Justin Gelfand. Reply brief of Joshua James Duggar due 12/27/2022 [5225772] [22-2178] (CRJ) [Entered: 12/09/2022 03:04 PM]
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MOTION for extension of time to file brief until 12/27/2022, filed by Attorney Mr. Justin Gelfand for Appellant Mr. Joshua James Duggar w/service 12/09/2022. [5225704] [22-2178] (JG) [Entered: 12/09/2022 02:26 PM]
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MOTION for extension of time to file brief until 12/13/2022, filed by Attorney Mr. Justin Gelfand for Appellant Mr. Joshua James Duggar w/service 11/28/2022. [5221523] [22-2178] (JG) [Entered: 11/28/2022 02:53 PM]
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CLERK ORDER:Granting [ # 5221523-2 ] motion for extension of time to file brief filed by Mr. Justin Gelfand. Reply brief of Joshua James Duggar due 12/13/2022 [5221633] [22-2178] (CRJ) [Entered: 11/28/2022 04:07 PM]
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Paper copies Appellee/Respondent brief, [ # 5220302-2 ] filed by United States of America 10 paper copies received. Paper brief deficiency due 11/28/2022. SEE ATTACHED NOTICE. [5220826] [22-2178] (CRJ) [Entered: 11/23/2022 11:50 AM]
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RECORD FILED - APLEE/RES APPENDIX, 1 volume, Comments: Supplemental Appendix with Government Exhibits: 3 copies [5220835] [22-2178] (CRJ) [Entered: 11/23/2022 11:57 AM]
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APPELLEE brief of United States of America submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5220213] [22-2178] (JKH) [Entered: 11/22/2022 10:15 AM]
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BRIEF FILED - APPELLEE BRIEF filed by United States of America, w/service 11/22/2022 , Length: 12,998 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM United States of America due 11/28/2022 WITH certificate of service for paper briefs. Joshua James Duggar's reply brief due 11/29/2022. [5220302] [22-2178] (CRJ) [Entered: 11/22/2022 11:24 AM]
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MOTION for extension of time to file brief until 11/22/2022, filed by Attorney Mr. Joshua K. Handell for Appellee United States of America w/service 11/09/2022. [5216665] [22-2178] (JKH) [Entered: 11/09/2022 02:50 PM]
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CLERK ORDER:Granting [ # 5216665-2 ] motion for extension of time to file brief filed by Mr. Joshua K. Handell. Brief of United States of America due 11/22/2022. [5216687] [22-2178] (CRJ) [Entered: 11/09/2022 03:08 PM]
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LETTER from Appellee United States of America regarding availability for oral argument. w/service 10/19/2022 [5209428] [22-2178] (JKH) [Entered: 10/19/2022 01:42 PM]
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Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [5208742] [22-2178] (MR) [Entered: 10/18/2022 10:11 AM]
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CLERK ORDER:Granting [ # 5207693-2 ] motion for extension of time to file brief filed by Mr. Joshua K. Handell. Brief of United States of America due 11/15/2022. [5207774] [22-2178] (CRJ) [Entered: 10/14/2022 10:42 AM]
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MOTION for extension of time to file brief until 11/15/2022, filed by Attorney Mr. Joshua K. Handell for Appellee United States of America w/service 10/14/2022. [5207693] [22-2178] (JKH) [Entered: 10/14/2022 09:05 AM]
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RECORD FILED - APLNT/PET APPENDIX, 1 volume, Comments: 3 copies: Exhibit Appendix containing Defendant's exhibit 48 and Government's exhibits 73 - 81 [5206855] [22-2178] (CRJ) [Entered: 10/12/2022 09:44 AM]
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Paper copies Appellant/Petitioner Brief, [ # 5204398-2 ] filed by Mr. Joshua James Duggar 10 paper copies received. w/Addendum attached [5206821] [22-2178] (CRJ) [Entered: 10/12/2022 09:12 AM]
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BRIEF FILED - APPELLANT BRIEF filed by Mr. Joshua James Duggar. w/service 10/04/2022 , Length: 12,684 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Joshua James Duggar due 10/11/2022 WITH certificate of service for paper briefs. Appellee brief due on 10/25/2022. [5204398] [22-2178] (CRJ) [Entered: 10/04/2022 09:43 AM]
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ADDENDUM of APPELLANT FILED by Appellant Mr. Joshua James Duggar , w/service 10/04/2022 [5204399] [22-2178] (CRJ) [Entered: 10/04/2022 09:44 AM]
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APPEARANCE filed by Joshua K. Handell for Appellee United States of America w/service 10/04/2022 [5204444] [22-2178] (JKH) [Entered: 10/04/2022 10:30 AM]
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APPELLANT brief of Mr. Joshua James Duggar submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5204281] [22-2178] (JG) [Entered: 10/03/2022 07:08 PM]
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Addendum of APPELLANT submitted for review by Mr. Joshua James Duggar. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5204282] [22-2178] (JG) [Entered: 10/03/2022 07:09 PM]
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Mail sent to Appellant Mr. Joshua James Duggar on 08/19/2022 was returned on 09/14/2022 Reason Mail Returned: Not at facility. Mr. Duggar's address has been obtained and updated. The order of 9/09 was sent to the correct address. [5201346] [22-2178] (CRJ) [Entered: 09/23/2022 11:55 AM]
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CLERK ORDER:Granting [ # 5196425-2 ] motion for extension of time to file brief filed by Mr. Justin Gelfand. Brief of Joshua James Duggar due 10/03/2022 [5196528] [22-2178] (MTB) [Entered: 09/09/2022 09:50 AM]
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MOTION for extension of time to file brief until 10/03/2022, filed by Attorney Mr. Justin Gelfand for Appellant Mr. Joshua James Duggar w/service 09/08/2022. [5196425] [22-2178] (JG) [Entered: 09/08/2022 07:41 PM]
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Mail sent to Appellant Mr. Joshua James Duggar on 07/28/2022 was returned on 08/12/2022 Reason Mail Returned: Return to Sender. Mr. Duggar's address has been obtained and updated. Resending orders dated 7/28/2022 and 8/19/2022. [5190907] [22-2178] (CRJ) [Entered: 08/24/2022 12:01 PM]
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CLERK ORDER:Granting [ # 5189090-2 ] motion for extension of time to file brief filed by Mr. Justin Gelfand. Brief of Joshua James Duggar due 09/12/2022 [5189133] [22-2178] (CRJ) [Entered: 08/19/2022 10:57 AM]
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MOTION for extension of time to file brief until 09/12/2022, filed by Attorney Mr. Justin Gelfand for Appellant Mr. Joshua James Duggar w/service 08/19/2022. [5189090] [22-2178] (JG) [Entered: 08/19/2022 10:00 AM]
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CLERK ORDER:Granting in Part [ # 5181896-2 ] motion for extension of time to file brief filed by Mr. Justin Gelfand [5181988] Brief of Joshua James Duggar due 08/22/2022 [5181988] [22-2178] (CRJ) [Entered: 07/28/2022 03:48 PM]
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MOTION for extension of time to file brief until 09/01/2022, filed by Attorney Mr. Justin Gelfand for Appellant Mr. Joshua James Duggar w/service 07/28/2022. [5181896] [22-2178] (JG) [Entered: 07/28/2022 01:33 PM]
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RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #102 [Copy do not return to the District Court at end of case], Source Location: USDC / WAF, Dt. of Proceeding/Hearing: 11/29/2021, No. of Pgs.: 120, Court Reporter: Barden, Paula [5170447] [22-2178] (STL) [Entered: 06/23/2022 10:00 AM]
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RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #77 [Copy do not return to the District Court at end of case], Source Location: USDC / WAF, Dt. of Proceeding/Hearing: 09/27/2021, No. of Pgs.: 308, Court Reporter: Barden, Paula [5170441] [22-2178] (STL) [Entered: 06/23/2022 09:56 AM]
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RECORD FILED - HEARING TRANSCRIPT, 1 volumes, Comments: Detention Hearing - District Court document #23 [Copy do not return to the District Court at end of case], Source Location: USDC / WAF, Dt. of Proceeding/Hearing: 05/05/2021, No. of Pgs.: 187, Court Reporter: Barden, Paula [5170438] [22-2178] (STL) [Entered: 06/23/2022 09:53 AM]
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RECORD FILED - TRIAL TRANSCRIPT, 8 volumes, Comments: District Court documents #123, #124, #125, #126, #127, #128, #129, and #130 [Copies do not return to the District Court at end of case], Source Location: USDC / WAF, Dt. of Proceeding/Hearing: 11/30/2021 - 12/09/2021, Court Reporter: Barden, Paula [5170455] [22-2178] (STL) [Entered: 06/23/2022 10:10 AM]
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RECORD FILED - SEALED RECORDS, Comments: 1 folder containing Sealed District Court documents #9, #20, #103, #104, #105, #119, #135, #143, #144, and #146 [Copies do not return to the District Court at end of case], Source Location: USDC / WAF [5170472] [22-2178] (STL) [Entered: 06/23/2022 10:26 AM]
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RECORD FILED - SENTENCING TRANS, 1 volumes, Comments: District Court document #164 [Copy do not return to the District Court at end of case], Source Location: USDC / WAF, Dt. of Proceeding/Hearing: 05/25/2022, No. of Pgs.: 137, Court Reporter: Barden, Paula [5170460] [22-2178] (STL) [Entered: 06/23/2022 10:17 AM]
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RECORD FILED - SEALED PSI REPORT, 1 volumes, Comments: 1 volume, 3 copies of Sealed PSI Report, Statement of Reasons, and Sentencing Recommendation, Source Location: USDC / WAF [5170465] [22-2178] (STL) [Entered: 06/23/2022 10:20 AM]
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APPEARANCE filed by Dustin Roberts for Appellee United States of America w/service 06/09/2022 [5166135] [22-2178] (DSR) [Entered: 06/09/2022 12:48 PM]
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APPEARANCE filed by Ian T. Murphy for Appellant Mr. Joshua James Duggar w/service 06/09/2022 [5166049] [22-2178] (ITM) [Entered: 06/09/2022 11:08 AM]
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APPEARANCE filed by Carly Marshall for Appellee United States of America w/service 06/09/2022 [5166200] [22-2178] (CM) [Entered: 06/09/2022 01:50 PM]
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APPEARANCE filed by Travis W. Story for Appellant Mr. Joshua James Duggar w/service 06/08/2022 [5165821] [22-2178] (TWS) [Entered: 06/08/2022 03:56 PM]
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APPEARANCE filed by William G. Clayman for Appellee United States of America w/service 06/08/2022 [5165548] [22-2178] (WGC) [Entered: 06/08/2022 10:23 AM]
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Originating court document filed consisting of notice of appeal, docket entries, and Judgment 05/27/2022. [5164555] [22-2178] (CJO) [Entered: 06/06/2022 09:54 AM]
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CLERK ORDER:This criminal appeal involves a child victim or child witness. In accordance with the provisions of 18 U.S.C. Section 3509(d)(2) regarding confidentiality of information and privacy protection, all papers filed with this court which disclose the name of or any information concerning a child shall be sealed. (SEE order for complete details) [5164563] [22-2178] (CJO) [Entered: 06/06/2022 09:59 AM]
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CRIMINAL BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on 07/18/2022. PSI due 07/18/2022. Brief of appellant due on 08/01/2022. Appellee(s) brief due 21 days from the date the court issues the Notice of Docket Activity filing the appellant(s) brief. Reply brief due 7 days from the date the court issues the Notice of Docket Activity filing the appellee brief.[5164568] [22-2178] (CJO) [Entered: 06/06/2022 10:02 AM]
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APPEARANCE filed by Justin K. Gelfand for Appellant Mr. Joshua James Duggar w/service 06/06/2022 [5164634] [22-2178] (JG) [Entered: 06/06/2022 11:20 AM]
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CRIMINAL case docketed. [5164533] [22-2178] (CJO) [Entered: 06/06/2022 09:39 AM]
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