USA v. Wallace Shimabukuro, Jr.
| UNITED STATES OF AMERICA |
| WALLACE SHIMABUKURO, Jr., AKA Wally Shimabukuro |
| 17-10339 |
| August 15, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on April 30, 2018. A more recent docket listing may be available from PACER.
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| Filing 37 Filed order (SIDNEY R. THOMAS, MICHELLE T. FRIEDLAND and FERNANDO M. OLGUIN): Appellees motion for an extension of time within which to file a petition for rehearing and/or a petition for rehearing en banc is GRANTED. Any petition for rehearing shall be filed no later than June 18, 2018. [10855598] (AF) [Entered: 04/30/2018 02:07 PM] |
| Filing 36 Filed (ECF) Appellee USA Motion to extend time to file petition for rehearing until 06/18/2018. Date of service: 04/20/2018. [10845765] [17-10339]--[COURT UPDATE: Attached correct PDF of motion. 04/23/2018 by SLM] (Johnson, Ronald) [Entered: 04/20/2018 05:11 PM] |
| Filing 35 MANDATE ISSUED.(SRT, MTF and FMO) [10844035] (HH) [Entered: 04/20/2018 08:56 AM] |
| Filing 34 Filed order and amended opinion (SIDNEY R. THOMAS, MICHELLE T. FRIEDLAND and FERNANDO M. OLGUIN). Appellants unopposed motion to recall the mandate is GRANTED for the limited purpose of amending the opinion filed on April 12, 2018 as follows: In footnote 3 on page 4 of the slip opinion, the first sentence The amended version . . . engage in such aggregation is replaced with The amended version of 3583 makes clear that courts no longer need to engage in such aggregation.; and on page 5 of the slip opinion, the phrase AND REMANDED WITH INSTRUCTIONS THAT DEFENDANT BE IMMEDIATELY RELEASED FROM CUSTODY is deleted. With the foregoing amendments, the amended opinion is hereby filed, and the mandate shall reissue forthwith. [10844003] (RMM) [Entered: 04/20/2018 08:28 AM] |
| Filing 33 Filed (ECF) Appellant Wallace Shimabukuro, Jr. Motion to recall the mandate. Date of service: 04/16/2018. [10838954] [17-10339] (Silvert, Alexander) [Entered: 04/16/2018 06:15 PM] |
| Filing 32 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/ [10835439] (TG) [Entered: 04/13/2018 08:43 AM] |
| Filing 31 MANDATE ISSUED.(SRT, MTF and FMO) [10835013] (HH) [Entered: 04/12/2018 03:55 PM] |
| Filing 30 FILED PER CURIAM OPINION (SIDNEY R. THOMAS, MICHELLE T. FRIEDLAND and FERNANDO M. OLGUIN) VACATED AND REMANDED WITH INSTRUCTIONS THAT DEFENDANT BE IMMEDIATELY RELEASED FROM CUSTODY. THE MANDATE SHALL ISSUE FORTHWITH. FILED AND ENTERED JUDGMENT. [10834957] (MM) [Entered: 04/12/2018 03:41 PM] |
| Filing 29 ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, MICHELLE T. FRIEDLAND and FERNANDO M. OLGUIN. [10834311] (TG) [Entered: 04/12/2018 12:23 PM] |
| Filing 28 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Ronald G. Johnson for Appellee USA. [10815079] [17-10339] (Johnson, Ronald) [Entered: 03/27/2018 06:22 PM] |
| Filing 27 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Peter C. Wolff, Jr. for Appellant Wallace Shimabukuro, Jr.. [10814266] [17-10339] (Wolff, Peter) [Entered: 03/27/2018 01:18 PM] |
| Filing 26 Revised Notice of Oral Argument on Thursday, April 12, 2018 - 09:30 A.M. - Courtroom 1 - San Francisco CA. ** note change to start time ** 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. [10811444] (AW) [Entered: 03/24/2018 06:35 PM] |
| Filing 25 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Peter C. Wolff, Jr. for Appellant Wallace Shimabukuro, Jr.. [10786575] [17-10339] (Wolff, Peter) [Entered: 03/05/2018 03:55 PM] |
| Filing 24 Added attorney Peter C. Wolff Jr. for Wallace Shimabukuro Jr., in case 17-10339. [10784383] (NAC) [Entered: 03/02/2018 01:30 PM] |
| Filing 23 Filed (ECF) notice of appearance of Peter C. Wolff, Jr., Federal Public Defender for Appellant Wallace Shimabukuro, Jr.. Date of service: 03/02/2018. [10784204] [17-10339] (Wolff, Peter) [Entered: 03/02/2018 12:04 PM] |
| Filing 22 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Ronald G. Johnson for Appellee USA. [10743571] [17-10339] (Johnson, Ronald) [Entered: 01/30/2018 09:36 AM] |
| Filing 21 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Alexander Silvert for Appellant Wallace Shimabukuro, Jr.. [10742672] [17-10339] (Silvert, Alexander) [Entered: 01/29/2018 03:17 PM] |
| Filing 20 Notice of Oral Argument on Thursday, April 12, 2018 - 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. [10742535] (AKM) [Entered: 01/29/2018 02:57 PM] |
| Filing 19 Filed (ECF) Appellee USA Correspondence: regarding availability for oral argument. Date of service: 01/03/2018 [10711907] [17-10339] (Johnson, Ronald) [Entered: 01/03/2018 03:47 PM] |
| Filing 18 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for April 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10703848] (AW) [Entered: 12/26/2017 04:53 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: AKM): In light of appellees counsels notice of unavailability for the March hearing date, this expedited appeal will be placed on the next available calendar in April, 2018 in San Francisco. Counsel for both sides will make themselves available during the week of April 9-13, 2018. [10691088] (WL) [Entered: 12/14/2017 02:25 PM] |
| Filing 16 Received 7 paper copies of Answering Brief [ # 14 ] filed by USA. [10688862] (SD) [Entered: 12/13/2017 10:08 AM] |
| Filing 15 Filed clerk order: The answering brief [ # 14 ] 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. [10687160] (KWG) [Entered: 12/12/2017 09:41 AM] |
| Filing 14 Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 12/11/2017. [10686810] [17-10339] (Johnson, Ronald) [Entered: 12/11/2017 06:44 PM] |
| Filing 13 Filed (ECF) Appellant Wallace Shimabukuro, Jr. Correspondence: Regarding availability for oral argument.. Date of service: 12/08/2017 [10684871] [17-10339] (Silvert, Alexander) [Entered: 12/08/2017 04:38 PM] |
| Filing 12 Filed (ECF) Appellee USA Correspondence: Regarding Availability for Oral Argument. Date of service: 12/07/2017 [10683102] [17-10339] (Johnson, Ronald) [Entered: 12/07/2017 04:03 PM] |
| Filing 11 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for March 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10676824] (AW) [Entered: 12/04/2017 01:55 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: GS): The appellants motion (Docket Entry No. [ # 7 ]) to expedite is granted. The current briefing schedule remains in effect. The provisions of Ninth Circuit Rule 31-2.2(a) regarding streamlined extensions shall not apply to this case, and any motion under Ninth Circuit Rule 31-2.2(b) is strongly disfavored and must be supported by a showing of compelling circumstances. This case will be calendared as soon as possible after briefing is complete. The request to proceed without oral argument included in Docket Entry No. [ # 7 ] is referred to the panel assigned to consider the merits of the appeal. [10663045] (GWL) [Entered: 11/21/2017 01:50 PM] |
| Filing 9 Received 7 paper copies of Opening Brief [ # 3 ] filed by Wallace Shimabukuro, Jr.. [10661600] (SD) [Entered: 11/20/2017 04:00 PM] |
| Filing 8 Filed 4 paper copies of excerpts of record [ # 4 ] in 1 volume(s) filed by Appellant Wallace Shimabukuro, Jr. [10661136] (KT) [Entered: 11/20/2017 01:44 PM] |
| Filing 7 Filed (ECF) Appellant Wallace Shimabukuro, Jr. Motion to expedite case. Date of service: 11/16/2017. [10656615] [17-10339] (Silvert, Alexander) [Entered: 11/16/2017 11:15 AM] |
| Filing 6 Filed clerk order: The opening brief [ # 3 ] submitted by Wallace Shimabukuro, Jr. 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 [ # 4 ] submitted by Wallace Shimabukuro, Jr.. 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. [10649973] (KWG) [Entered: 11/09/2017 03:00 PM] |
| Filing 5 Filed (ECF) presentence report UNDER SEAL by Appellant Wallace Shimabukuro, Jr.. [10649797] [17-10339] (Silvert, Alexander) [Entered: 11/09/2017 02:15 PM] |
| Filing 4 Submitted (ECF) excerpts of record. Submitted by Appellant Wallace Shimabukuro, Jr.. Date of service: 11/09/2017. [10649786] [17-10339] (Silvert, Alexander) [Entered: 11/09/2017 02:13 PM] |
| Filing 3 Submitted (ECF) Opening Brief for review. Submitted by Appellant Wallace Shimabukuro, Jr.. Date of service: 11/09/2017. [10649776] [17-10339] (Silvert, Alexander) [Entered: 11/09/2017 02:11 PM] |
| Filing 2 Filed (ECF) notice of appearance of Alexander Silvert for Appellant Wallace Shimabukuro, Jr.. Date of service: 08/15/2017. [10545530] [17-10339] (Silvert, Alexander) [Entered: 08/15/2017 01:37 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 17 months. Transcript ordered by 08/31/2017. Transcript due 10/02/2017. Appellant briefs and excerpts due by 11/09/2017 for Wallace Shimabukuro Jr. Appellee brief due 12/11/2017 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [10544824] (GWL) [Entered: 08/15/2017 10:01 AM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Ronald G. Johnson |
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| Defendant / appellant: WALLACE SHIMABUKURO, Jr., AKA Wally Shimabukuro | |
| Represented By: | Alexander Silvert |
| Represented By: | Peter C. Wolff Jr. |
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