USA v. Cyrus Sullivan
Plaintiff / Appellee: UNITED STATES OF AMERICA
Defendant / Appellant: CYRUS ANDREW SULLIVAN
Case Number: 16-30238
Filed: October 14, 2016
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on April 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2018 Filing 44 Filed (ECF) Appellee USA Correspondence: Proof of Service forwarding the Court's March 15, 2018, Order to Defendant-Appellant and providing his current address. Date of service: 04/12/2018 [10834133] [16-30238] (Zusman, Kelly) [Entered: 04/12/2018 10:56 AM]
April 11, 2018 Filing 43 Mail returned on 04/09/2018 addressed to Cyrus Andrew Sullivan, re: 03/15/2018 order [ # 40 ]. Returned envelope notes: not at this address, return to sender, unable to forward. Resending to: appellee's counsel, Kelly A. Zusman, for forwarding (inmate not in Columbia County Jail per jail's website). [10833494]--[Edited: address updated. 04/12/2018 by SLM] (LA) [Entered: 04/11/2018 05:07 PM]
March 20, 2018 Filing 42 Received Appellant's Counsel of notice regarding declaration of service Court's order filed on 3/15/18 to Appellant Cyrus Andrew Sullivan address Columbia County Jail, 901 Port Avenue, St. Helens, OR 97051. [10809228]--[Edited: address updated. 03/22/2018 by SLM] (RR) [Entered: 03/22/2018 02:55 PM]
March 15, 2018 Filing 41 Terminated Ruben L. Iniguez for Cyrus Andrew Sullivan in 16-30238 [10799868] (AF) [Entered: 03/15/2018 01:45 PM]
March 15, 2018 Filing 40 Filed order (RICHARD A. PAEZ, CARLOS T. BEA and MICHAEL M. ANELLO): In Appeal No. 16-30238, Appellants attorney of record Ruben L. Iiguezs motion to withdraw as counsel is GRANTED pursuant to Ninth Circuit Rule 4-1(e). The clerk is directed to serve a copy of this order on Appellant at his address of record: Cyrus Andrew Sullivan (No. 74918-065), FCI Sheridan Federal Correctional Institution, Satellite Camp, P.O. Box 6000, Sheridan, Oregon 97378. Counsel is also directed to serve a copy of this order by first class mail to Appellants last known address. Counsel shall file a declaration stating the date and address to which he mailed the order. In Appeal No. 16-35270, Appellants attorney of record Lisa Hays unopposed motion to withdraw her previous motion to withdraw as counsel is GRANTED. [10799864] [16-30238, 16-35270] (AF) [Entered: 03/15/2018 01:44 PM]
February 12, 2018 Filing 39 Received letter from the Supreme Court dated 01/07/2018. 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 Justice Kennedy, who on February 7, 2018, extended the time to and including April 8, 2018. [10764795] (RR) [Entered: 02/14/2018 06:02 PM]
December 15, 2017 Filing 38 Filed Appellant Cyrus Andrew Sullivan PROSE response opposing motion to withdraw as counsel. Served on 12/08/2017. [10698675] (RR) [Entered: 12/21/2017 08:10 AM]
December 6, 2017 Filing 37 Filed (ECF) Appellant Cyrus Andrew Sullivan Motion to withdraw as counsel. Date of service: 12/06/2017. [10680860] [16-30238] (Iniguez, Ruben) [Entered: 12/06/2017 02:09 PM]
December 1, 2017 Filing 36 MANDATE ISSUED.(RAP, CTB and MMA) [10674971] (RR) [Entered: 12/01/2017 01:59 PM]
November 9, 2017 Filing 35 FILED MEMORANDUM DISPOSITION (RICHARD A. PAEZ, CARLOS T. BEA and MICHAEL M. ANELLO) The government argues collateral estoppel bars Sullivans current challenge, and moves for judicial notice of Sullivans opening brief filed in his direct appeal. The governments motion is granted. Collateral estoppel, however, does not bar Sullivans current challenge because the issues in the two actions are not sufficiently similar and sufficiently material . . . to justify invoking the doctrine. United States v. Smith-Baltiher, 424 F.3d 913, 919 (9th Cir. 2005) (quoting United States v. Romeo, 114 F.3d 141, 143 (9th Cir. 1997)).; AFFIRMED. FILED AND ENTERED JUDGMENT. [10649229] (MM) [Entered: 11/09/2017 10:16 AM]
October 6, 2017 Filing 34 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/ [10611347] (KAD) [Entered: 10/10/2017 12:47 PM]
October 6, 2017 Filing 33 Filed (ECF) Appellant Cyrus Andrew Sullivan Correspondence: Response to Government's letter regarding supervised release term. Date of service: 10/06/2017 [10609755] [16-30238] (Iniguez, Ruben) [Entered: 10/06/2017 03:19 PM]
October 6, 2017 Filing 32 ARGUED AND SUBMITTED TO RICHARD A. PAEZ, CARLOS T. BEA and MICHAEL M. ANELLO. [10609564] (KAD) [Entered: 10/06/2017 02:29 PM]
October 6, 2017 Filing 31 Filed (ECF) Appellee USA Correspondence: Status of Mr. Sullivan's supervised release.. Date of service: 10/06/2017. [10609210] [16-30238]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 10/06/2017 by SLM] (Zusman, Kelly) [Entered: 10/06/2017 11:56 AM]
September 29, 2017 Filing 30 Filed (ECF) Appellee USA citation of supplemental authorities. Date of service: 09/29/2017. [10600108] [16-30238] (Zusman, Kelly) [Entered: 09/29/2017 02:31 PM]
September 26, 2017 Filing 29 Filed order (RICHARD A. PAEZ, CARLOS T. BEA and MICHAEL M. ANELLO): In Appeal No. 16-30238, Defendant-Appellants motion for an additional ten minutes of argument per side is granted. This case will be heard separately from Appeal No. 16-35270. Ten minutes per side is allotted for both cases. Defendant-Appellants motion in No. 16-35270 is denied as moot. [10595376] [16-30238, 16-35270] (AF) [Entered: 09/26/2017 04:14 PM]
September 19, 2017 Filing 28 Filed (ECF) Appellant Cyrus Andrew Sullivan Motion for miscellaneous relief [Motion for Additional Oral Argument Time]. Date of service: 09/19/2017. [10586957] [16-30238] (Iniguez, Ruben) [Entered: 09/19/2017 05:16 PM]
August 2, 2017 Filing 27 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Ms. Kelly A. Zusman for Appellee USA. [10530400] [16-30238] (Zusman, Kelly) [Entered: 08/02/2017 11:58 AM]
July 27, 2017 Filing 26 Filed (ECF) Acknowledgment of hearing notice. Location: Portland. Filed by Attorney Mr. Ruben L. Iniguez for Appellant Cyrus Andrew Sullivan. [10524142] [16-30238] (Iniguez, Ruben) [Entered: 07/27/2017 02:29 PM]
July 24, 2017 Filing 25 Notice of Oral Argument on Friday, October 6, 2017 - 09:00 A.M. - PO 2nd Floor Ctrm - Portland OR. 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: PORTLAND Office. [10519179] [16-30238, 16-35270] (KM) [Entered: 07/24/2017 02:51 PM]
July 10, 2017 Filing 24 Filed (ECF) Appellee USA Correspondence: Regarding Availability for Oral Argument. Date of service: 07/10/2017 [10502050] [16-30238] (Zusman, Kelly) [Entered: 07/10/2017 08:18 AM]
June 19, 2017 Filing 23 This case is being considered for the October 2017 Portland 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.[10479214] (AW) [Entered: 06/19/2017 02:21 PM]
April 4, 2017 Filing 22 Received 7 paper copies of Reply Brief [ # 20 ] filed by Cyrus Andrew Sullivan. [10383002] (SD) [Entered: 04/04/2017 01:52 PM]
March 30, 2017 Filing 21 Filed clerk order: The reply brief [ # 20 ] submitted by Cyrus Andrew Sullivan 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. [10377756] (GWL) [Entered: 03/30/2017 02:27 PM]
March 29, 2017 Filing 20 Submitted (ECF) Reply Brief for review. Submitted by Appellant Cyrus Andrew Sullivan. Date of service: 03/29/2017. [10376652] [16-30238] (Iniguez, Ruben) [Entered: 03/29/2017 05:03 PM]
March 22, 2017 Filing 19 Received 7 paper copies of Answering Brief [ # 15 ] filed by USA. [10367345] (SD) [Entered: 03/22/2017 01:34 PM]
March 17, 2017 Filing 18 Filed clerk order: The answering brief [ # 15 ] 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. [10362204] (GWL) [Entered: 03/17/2017 04:49 PM]
March 17, 2017 Filing 17 Filed (ECF) Appellee USA Motion to take judicial notice of Defendant-Appellant's Opening Brief filed on November 27, 2013, in United States v. Sullivan, Case No. 13-30207 (Docket Entry 5-1). Date of service: 03/17/2017. [10361479] [16-30238] (Zusman, Kelly) [Entered: 03/17/2017 01:49 PM]
March 15, 2017 Filing 16 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 17 ]. Original Text: Submitted (ECF) supplemental excerpts of record. Submitted by Appellee USA. Date of service: 03/15/2017. [10356885] [16-30238] (Zusman, Kelly) [Entered: 03/15/2017 09:10 AM]
March 15, 2017 Filing 15 Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 03/15/2017. [10356876] [16-30238] --[COURT UPDATE: Attached corrected brief. 3/17/2017 by TYL] (Zusman, Kelly) [Entered: 03/15/2017 09:08 AM]
March 15, 2017 Filing 14 Terminated Johnathan S. Haub for USA in 16-30238 [10356866] (CW) [Entered: 03/15/2017 09:04 AM]
February 24, 2017 Filing 13 Filed 4 paper copies of excerpts of record [ # 6 ], [10] in 2 volume(s) (Volume II UNDER SEAL) filed by Appellant Cyrus Andrew Sullivan. [10333233] (KT) [Entered: 02/24/2017 04:26 PM]
February 24, 2017 Filing 12 Received 7 paper copies of Opening Brief [ # 5 ] filed by Cyrus Andrew Sullivan. [10333034] (SD) [Entered: 02/24/2017 03:19 PM]
February 21, 2017 Filing 11 Filed clerk order: The opening brief [ # 5 ] submitted by Cyrus Andrew Sullivan 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 CM/ECF. The Court has reviewed the excerpts of record [ # 6 ], [10] submitted by Cyrus Andrew Sullivan. 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. [10327421] (KT) [Entered: 02/21/2017 03:26 PM]
February 21, 2017 Filing 10 Submitted (ECF) UNDER SEAL excerpts of record Vol 2. Submitted by Appellant Cyrus Andrew Sullivan. Date of service: 02/13/2017. (Court-entered filing, excerpts of record originally submitted in [7].) [10326482] (WL) [Entered: 02/21/2017 11:23 AM]
February 21, 2017 Filing 9 Filed order (Appellate Commissioner): Appellants motion (Docket Entry No. [7]) to file Volume 2 of the excerpts of record under seal is granted. The Clerk shall publicly file the motion, the opening brief, and Volume 1 of the excerpts of record, and shall filed Volume 2 under seal. The existing briefing schedule shall continue in effect. (Sealed Documents) [10326457] (WL) [Entered: 02/21/2017 11:17 AM]
February 21, 2017 Filing 8 Filed Appellant Cyrus Andrew Sullivan motion to file excerpts of record Vol 2 UNDER SEAL. Deficiencies: None. Served on 02/13/2017. (Court-entered filing of motion submitted under seal at [7])[10326449] (WL) [Entered: 02/21/2017 11:15 AM]
February 13, 2017 Filing 7 Filed (ECF) UNDER SEAL Appellant Cyrus Andrew Sullivan motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 02/13/2017. [10318128] [16-30238] (Iniguez, Ruben) [Entered: 02/13/2017 05:02 PM]
February 13, 2017 Filing 6 Submitted (ECF) excerpts of record. Submitted by Appellant Cyrus Andrew Sullivan. Date of service: 02/13/2017. [10318118] [16-30238] (Iniguez, Ruben) [Entered: 02/13/2017 04:57 PM]
February 13, 2017 Filing 5 Submitted (ECF) Opening Brief for review. Submitted by Appellant Cyrus Andrew Sullivan. Date of service: 02/13/2017. [10318111] [16-30238]--[COURT UPDATE: Attached corrected PDF. 02/15/2017 by LA] (Iniguez, Ruben) [Entered: 02/13/2017 04:55 PM]
February 8, 2017 Filing 4 Filed (ECF) notice of appearance of Kelly A. Zusman for Appellee USA. Date of service: 02/08/2017. [10306659] [16-30238] (Zusman, Kelly) [Entered: 02/08/2017 08:36 AM]
January 9, 2017 Filing 3 Streamlined request [2] by Appellant Cyrus Andrew Sullivan to extend time to file the brief is approved. Amended briefing schedule: Appellant briefs and excerpts due by 02/13/2017 for Cyrus Andrew Sullivan. Appellee brief due 03/15/2017 for United States of America. The optional reply brief is due 14 days from the date of service of the answering brief. [10259731] (KM) [Entered: 01/09/2017 03:52 PM]
January 9, 2017 Filing 2 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Cyrus Andrew Sullivan. New requested due date is 02/13/2017. [10259165] [16-30238] (Iniguez, Ruben) [Entered: 01/09/2017 01:15 PM]
October 14, 2016 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 24 months. Transcript ordered by 11/04/2016. Transcript due 12/05/2016. Appellant briefs and excerpts due by 01/13/2017 for Cyrus Andrew Sullivan. Appellee brief due 02/13/2017 for United States of America. Appellant's optional reply brief is due 14 days after service of the answering brief. [10160773] (WL) [Entered: 10/14/2016 04:29 PM]

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Plaintiff / appellee: UNITED STATES OF AMERICA
Represented By: Kelly A. Zusman
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Defendant / appellant: CYRUS ANDREW SULLIVAN
Represented By: Cyrus Andrew Sullivan
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