USA v. Leroy Baca
Plaintiff / Appellee: UNITED STATES OF AMERICA
Defendant / Appellant: LEROY BACA
Case Number: 17-50192
Filed: May 25, 2017
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
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Docket Report

This docket was last retrieved on March 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 10, 2020 Filing 103 Terminated Lizabeth Ann Rhodes for USA in 17-50192 (due to incorrect ECF contact information) [11624711] (RY) [Entered: 03/10/2020 12:56 PM]
January 15, 2020 Filing 102 Supreme Court Case Info Case number: 19-102 Filed on: 07/18/2019 Cert Petition Action 1: Denied, 01/13/2020 MANDATE ISSUED. [11563940] (RL) [Entered: 01/15/2020 03:47 PM]
January 13, 2020 Filing 101 Filed (ECF) Appellee USA Correspondence: Denial of Certiorari and Issuance of Mandate. Date of service: 01/13/2020 [11559289] [17-50192] (Alden, Bram) [Entered: 01/13/2020 10:20 AM]
July 23, 2019 Filing 100 Supreme Court Case Info Case number: 19-102 Filed on: 07/18/2019 Cert Petition Action 1: Pending [11373321] (RR) [Entered: 07/23/2019 11:12 AM]
April 26, 2019 Filing 99 Filed order (JOHNNIE B. RAWLINSON, ANDREW D. HURWITZ and STEPHEN R. BOUGH) The Appellants Motion to Stay Mandate and Maintain Bail Pending Appeal, filed April 23, 2019, is GRANTED. [11278721] (OC) [Entered: 04/26/2019 11:56 AM]
April 25, 2019 Filing 98 Filed (ECF) Appellee USA response opposing motion ([ # 97 ] Motion (ECF Filing), [ # 97 ] Motion (ECF Filing)). Date of service: 04/25/2019. [11277567] [17-50192] (Alden, Bram) [Entered: 04/25/2019 02:46 PM]
April 23, 2019 Filing 97 Filed (ECF) Appellant Leroy Baca Motion to stay the mandate. Date of service: 04/23/2019. [11274235] [17-50192] (Coleman, Benjamin) [Entered: 04/23/2019 03:09 PM]
April 19, 2019 Filing 96 Filed order (JOHNNIE B. RAWLINSON, ANDREW D. HURWITZ and STEPHEN R. BOUGH) The panel has voted to deny the petition for panel rehearing. Judge Rawlinson and Judge Hurwitz vote to deny the petition for rehearing en banc, and Judge Bough so recommends. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R. App. P. 35. Bacas petition for panel rehearing and petition for rehearing en banc (Docket Entry No. [ # 95 ]) are denied. [11269898] (OC) [Entered: 04/19/2019 10:12 AM]
March 27, 2019 Filing 95 Filed (ECF) Appellant Leroy Baca petition for panel rehearing and petition for rehearing en banc (from 02/11/2019 memorandum). Date of service: 03/27/2019. [11244011] [17-50192] (Coleman, Benjamin) [Entered: 03/27/2019 01:46 PM]
February 15, 2019 Filing 94 Filed text clerk order (Deputy Clerk: OC): Appellant Leroy Baca's unopposed motion (Dkt. [ # 93 ]) to extend time to file a petition for rehearing, is granted. [11192156] (OC) [Entered: 02/15/2019 12:44 PM]
February 15, 2019 Filing 93 Filed (ECF) Appellant Leroy Baca Unopposed Motion to extend time to file petition for rehearing until 03/27/2019. Date of service: 02/15/2019. [11191384] [17-50192] (Coleman, Benjamin) [Entered: 02/15/2019 09:03 AM]
February 11, 2019 Filing 92 FILED MEMORANDUM DISPOSITION (JOHNNIE B. RAWLINSON, ANDREW D. HURWITZ and STEPHEN R. BOUGH) AFFIRMED. FILED AND ENTERED JUDGMENT. [11185329] (MM) [Entered: 02/11/2019 10:39 AM]
November 7, 2018 Filing 91 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/ [11075161] (BG) [Entered: 11/07/2018 11:59 AM]
November 6, 2018 Filing 90 ARGUED AND SUBMITTED TO JOHNNIE B. RAWLINSON, ANDREW D. HURWITZ and STEPHEN R. BOUGH. [11073428] (BG) [Entered: 11/06/2018 10:59 AM]
November 2, 2018 Filing 89 Filed clerk order (Deputy Clerk: PA): ABC7 Eyewitness News applied to broadcast live and video/audio record for later broadcast, the case captioned above, scheduled to be heard at the Richard H. Chambers US Court of Appeals Courthouse in Pasadena, CA on Tuesday, November 6, 2018. ABC7 Eyewitness News request is DENIED. [11069654] (PA) [Entered: 11/02/2018 09:25 AM]
October 30, 2018 Filing 88 Filed (ECF) Appellant Leroy Baca citation of supplemental authorities. Date of service: 10/30/2018. [11066669] [17-50192] (Coleman, Benjamin) [Entered: 10/30/2018 05:22 PM]
October 30, 2018 Filing 87 Filed (ECF) Appellant Leroy Baca citation of supplemental authorities. Date of service: 10/30/2018. [11066667] [17-50192] (Coleman, Benjamin) [Entered: 10/30/2018 05:21 PM]
October 28, 2018 Filing 86 Filed (ECF) Appellee USA citation of supplemental authorities. Date of service: 10/28/2018. [11063197] [17-50192] (Alden, Bram) [Entered: 10/28/2018 03:00 PM]
October 26, 2018 Filing 85 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Benjamin Lee Coleman for Appellant Leroy Baca. [11062021] [17-50192] (Coleman, Benjamin) [Entered: 10/26/2018 11:46 AM]
October 26, 2018 Filing 84 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Bram Alden for Appellee USA. [11061253] [17-50192] (Alden, Bram) [Entered: 10/26/2018 09:06 AM]
October 25, 2018 Filing 83 Notice of Oral Argument on Tuesday, November 6, 2018 - 09:30 A.M. - Courtroom 3 - Pasadena 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 and within 21 days of Tuesday, November 6, 2018, file the completed form via Appellate CM/ECF. [11060419] (AW) [Entered: 10/25/2018 01:39 PM]
October 23, 2018 Filing 82 **Revised**Notice of Oral Argument on Tuesday, November 6, 2018 - 09:30 A.M. - Courtroom 1 - Pasadena CA.**Note: Hearing Order Updated** 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 and within 21 days of Tuesday, November 6, 2018, file the completed form via Appellate CM/ECF.[11057505] (AKM) [Entered: 10/23/2018 02:28 PM]
October 23, 2018 Filing 81 Filed clerk order (Deputy Clerk: OC): The governments unopposed request to have this case heard first on the Courts November 6, 2018 calendar is granted. [11057220] (OC) [Entered: 10/23/2018 01:08 PM]
October 22, 2018 Filing 80 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Bram Alden for Appellee USA. [11056141] [17-50192] (Alden, Bram) [Entered: 10/22/2018 04:48 PM]
October 22, 2018 Filing 79 Filed (ECF) Appellee USA Correspondence: Letter Requesting Oral Argument Priority. Date of service: 10/22/2018 [11056131] [17-50192] (Alden, Bram) [Entered: 10/22/2018 04:46 PM]
October 22, 2018 Filing 78 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Benjamin Lee Coleman for Appellant Leroy Baca. [11055578] [17-50192] (Coleman, Benjamin) [Entered: 10/22/2018 02:07 PM]
October 22, 2018 Filing 77 Notice of Oral Argument on Tuesday, November 6, 2018 - 09:30 A.M. - Courtroom 1 - Pasadena 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 and within 21 days of Tuesday, November 6, 2018, file the completed form via Appellate CM/ECF. [11055452] (AW) [Entered: 10/22/2018 01:39 PM]
October 19, 2018 Filing 76 Filed (ECF) Appellee USA citation of supplemental authorities. Date of service: 10/19/2018. [11054317] [17-50192] (Alden, Bram) [Entered: 10/19/2018 04:21 PM]
September 7, 2018 Filing 75 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Bram Alden for Appellee USA. [11004190] [17-50192] (Alden, Bram) [Entered: 09/07/2018 10:42 AM]
September 4, 2018 Filing 74 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Benjamin Lee Coleman for Appellant Leroy Baca. [11000100] [17-50192] (Coleman, Benjamin) [Entered: 09/04/2018 03:27 PM]
August 26, 2018 Filing 73 Notice of Oral Argument on Tuesday, November 06, 2018 - 9:00 am - Courtroom 1 - Pasadena 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 and within 21 days of Tuesday, November 06, 2018, file the completed form via Appellate CM/ECF. [10989762] (AW) [Entered: 08/26/2018 06:09 AM]
July 25, 2018 Filing 72 Filed (ECF) Appellant Leroy Baca Correspondence: regarding availability for oral argument. Date of service: 07/25/2018 [10954880] [17-50192] (Coleman, Benjamin) [Entered: 07/25/2018 01:45 PM]
July 25, 2018 Filing 71 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for November 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).[10954378] (AW) [Entered: 07/25/2018 11:03 AM]
June 13, 2018 Filing 70 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for October 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).[10906815] (AW) [Entered: 06/13/2018 10:41 AM]
May 21, 2018 Filing 69 Filed Appellee USA's physical exhibits consisting in 4 DVDs; containing copies of Exhibits 2.1, 2.2, 2.3, 2.7, 2.8, 2.11, 2.13, 2.16, 2.18, 2.26, 2.44, 99, 100, and 102 which are audio and video records. Sent to Records. [10880478] (GV) [Entered: 05/21/2018 04:16 PM]
May 17, 2018 Filing 68 Filed clerk order (Deputy Clerk: HG): Appellees unopposed motion pursuant to 9th Cir. R. 27-14 (Docket Entry No. [ # 48 ]) for leave to transmit to this Court on DVD copies of Exhibits 2.1, 2.2, 2.3, 2.7, 2.8, 2.11, 2.13, 2.16, 2.18, 2.26, 2.44, 99, 100, and 102 which are audio and video records (or excerpts thereof) that were admitted and played at trial is granted. Counsel shall submit four copies of the exhibits within seven days after the date of this order. [10876086] (RRH) [Entered: 05/17/2018 11:20 AM]
May 15, 2018 Filing 67 Received 7 paper copies of Reply Brief [ # 64 ] filed by Leroy Baca. [10872855] (RG) [Entered: 05/15/2018 11:29 AM]
May 9, 2018 Filing 66 Filed clerk order: The reply brief [ # 64 ] submitted by Leroy Baca 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. [10866907] (GV) [Entered: 05/09/2018 12:08 PM]
May 9, 2018 Filing 65 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [ # 63 ]) for leave to file an oversized reply brief is granted. The Clerk shall file the reply brief received at Docket Entry No. [ # 64 ]. (Pro Mo) [10866594] (MS) [Entered: 05/09/2018 10:27 AM]
May 7, 2018 Filing 64 Submitted (ECF) Reply Brief for review. Submitted by Appellant Leroy Baca. Date of service: 05/07/2018. [10864621] [17-50192] (Coleman, Benjamin) [Entered: 05/07/2018 05:42 PM]
May 7, 2018 Filing 63 Filed (ECF) Appellant Leroy Baca Unopposed Motion to file oversized brief. Date of service: 05/07/2018. [10864613] [17-50192] (Coleman, Benjamin) [Entered: 05/07/2018 05:40 PM]
March 28, 2018 Filing 62 Filed clerk order (Deputy Clerk: LKK): Granting Motion (ECF Filing) filed by Appellant Leroy Baca; Granting Motion (ECF Filing) motion to extend time to file reply brief The motion is granted. [10815992] (LKK) [Entered: 03/28/2018 12:34 PM]
March 27, 2018 Filing 61 Filed (ECF) Appellant Leroy Baca Unopposed Motion to extend time to file Reply brief until 05/07/2018. Date of service: 03/27/2018. [10813943] [17-50192] (Coleman, Benjamin) [Entered: 03/27/2018 10:55 AM]
March 2, 2018 Filing 60 Received 7 paper copies of Answering Brief [ # 49 ] filed by USA. [10784322] (RG) [Entered: 03/02/2018 01:01 PM]
March 2, 2018 Filing 59 Filed four paper copies of excerpts of record [ # 45 ] in 5 volume(s) filed by Appellee USA. (VOLUME V UNDER SEAL) [10784250] (GV) [Entered: 03/02/2018 12:24 PM]
February 23, 2018 Filing 58 Filed clerk order: The answering brief [ # 49 ] 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. The Court has reviewed the supplemental excerpts of record [ # 45 ], [57] submitted by USA. 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. [10776108] (KWG) [Entered: 02/23/2018 04:34 PM]
February 23, 2018 Filing 57 Submitted (ECF) UNDER SEAL supplemental excerpts of record Vol. 5. Submitted by Appellee USA. Date of service: 01/29/2018. (Court-entered filing, excerpts of record originally submitted in [46].) [10776045] (AF) [Entered: 02/23/2018 04:17 PM]
February 23, 2018 Filing 56 Filed (ECF) notice of filing document ([46]) publicly pursuant to Interim Circuit Rule 27-13(f). Filed by Appellee USA. Date of service: 01/29/2018. (Court-entered filing) [10776039] (AF) [Entered: 02/23/2018 04:16 PM]
February 23, 2018 Filing 55 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [51]) to maintain Volume 5 of the supplemental excerpts of record under seal is granted. The Clerk shall publicly file the notice of intent to unseal, the motion to seal, the answering brief, and Volumes 1 through 4 of the supplemental excerpts of record, and shall file Volume 5 under seal. The optional reply brief remains due April 4, 2018. The motion to transmit exhibit (Docket Entry No. [ # 48 ]) will be addressed by separate order. (Sealed Documents) [10776034] (AF) [Entered: 02/23/2018 04:15 PM]
February 23, 2018 Filing 54 Filed Appellant Leroy Baca motion to maintain Volume 5 of the supplemental excerpts of record UNDER SEAL. Deficiencies: None. Served on 02/22/2018. (Court-entered filing of motion submitted under seal at [51]) [10776031] (AF) [Entered: 02/23/2018 04:13 PM]
February 23, 2018 Filing 53 Streamlined request [52] by Appellant Leroy Baca to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 04/04/2018. [10774993] (JN) [Entered: 02/23/2018 10:32 AM]
February 23, 2018 Filing 52 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Leroy Baca. New requested due date is 04/04/2018. [10774762] [17-50192] (Coleman, Benjamin) [Entered: 02/23/2018 09:39 AM]
February 22, 2018 Filing 51 Filed (ECF) UNDER SEAL Appellant Leroy Baca motion to maintain document under seal. Date of service: 02/22/2018. [10773350] [17-50192]--[COURT UPDATE: Attached corrected pdf (corrected cert of svc). 02/23/2018 by LA] (Coleman, Benjamin) [Entered: 02/22/2018 11:55 AM]
February 12, 2018 Filing 50 Filed order (Appellate Commissioner): Appellee s unopposed motion (Docket Entry No. [ # 47 ]) for leave to file an oversized answering brief is granted. The Clerk will file the answering brief received at Docket Entry No. [ # 49 ]. The optional reply brief is due within 21 days after the date of this order. (Pro Mo) [10759808] (MS) [Entered: 02/12/2018 11:10 AM]
January 29, 2018 Filing 49 Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 01/29/2018. [10742286] [17-50192] (Aull, L. Ashley) [Entered: 01/29/2018 02:16 PM]
January 29, 2018 Filing 48 Filed (ECF) Appellee USA Motion to transmit exhibit. Date of service: 01/29/2018. [10742274] [17-50192] (Aull, L. Ashley) [Entered: 01/29/2018 02:13 PM]
January 29, 2018 Filing 47 Filed (ECF) Appellee USA Motion to file oversized brief. Date of service: 01/29/2018. [10742266] [17-50192] (Aull, L. Ashley) [Entered: 01/29/2018 02:11 PM]
January 29, 2018 Filing 46 Filed (ECF) UNDER SEAL Appellee USA notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 01/29/2018. [10742237] [17-50192] (Aull, L. Ashley) [Entered: 01/29/2018 02:07 PM]
January 29, 2018 Filing 45 Submitted (ECF) excerpts of record. Submitted by Appellee USA. Date of service: 01/29/2018. [10741963] [17-50192] (Aull, L. Ashley) [Entered: 01/29/2018 12:38 PM]
December 26, 2017 Filing 44 Streamlined request [43] by Appellee USA to extend time to file the brief is approved. Amended briefing schedule: Appellee brief due 01/29/2018 for United States of America. The optional reply brief is due 21 days from the date of service of the answering brief. [10702477] (JN) [Entered: 12/26/2017 08:34 AM]
December 22, 2017 Filing 43 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 01/29/2018. [10702281] [17-50192] (Alden, Bram) [Entered: 12/22/2017 05:37 PM]
December 5, 2017 Filing 42 Received 7 paper copies of Opening Brief [ # 28 ] filed by Leroy Baca. [10680574] (DB) [Entered: 12/06/2017 12:42 PM]
December 5, 2017 Filing 41 Filed four paper copies of excerpts of record [ # 29 ], [36], [ # 39 ] in 4 volume(s) filed by Appellant Leroy Baca. Volume 3 Under Seral and Redacted. [10679570] (GV) [Entered: 12/05/2017 04:22 PM]
November 29, 2017 Filing 40 Filed clerk order: The Court has reviewed the redacted excerpts of record Volume 3. [ # 39 ] submitted by Leroy Baca. 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. [10672251] (GV) [Entered: 11/29/2017 04:55 PM]
November 29, 2017 Filing 39 Submitted (ECF) excerpts of record. Submitted by Appellant Leroy Baca. Date of service: 11/29/2017. [10671454] [17-50192]--[COURT UPDATE: Attached corrected PDF of excerpts. 11/29/2017 by RY] (Coleman, Benjamin) [Entered: 11/29/2017 01:06 PM]
November 28, 2017 Filing 38 Filed clerk order: The opening brief [ # 28 ] submitted by Leroy Baca 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 [ # 29 ], [36] submitted by Leroy Baca. 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. [10669394] (GV) [Entered: 11/28/2017 12:19 PM]
November 28, 2017 Filing 37 Filed order (Appellate Commissioner): Appellants opposed motion (Docket Entry No. [ # 27 ]) for leave to file an oversized opening brief is granted. The Clerk shall file the opening brief received at Docket Entry No. [ # 28 ]. The answering brief is due within 30 days after the date of this order. The optional reply brief is due within 21 days after service of the answering brief. (Pro Mo) [10668621] (GWL) [Entered: 11/28/2017 08:58 AM]
November 21, 2017 Filing 36 Submitted (ECF) UNDER SEAL Unredacted excerpts of record Vol 3. Submitted by Appellant Leroy Baca. Date of service: 10/25/2017. (Court-entered filing, excerpts of record originally submitted in [30].) [10663092] (WL) [Entered: 11/21/2017 01:58 PM]
November 21, 2017 Filing 35 Filed order (Appellate Commissioner): Appellees unopposed motion (Docket Entry No. [31]) to maintain a portion of Volume 3 of the excerpt of record under seal, along with the motion itself, is granted. The Clerk shall maintain the motion to seal under seal. When the opposed motion (Docket Entry No. [ # 27 ]) to file an oversized opening brief is resolved, the Clerk shall publicly file the opening brief and Volumes 1 and 2 of the excerpts of record, and shall file the unredacted Volume 3 under seal. Within 7 days after the filing of the opening brief and excerpts of record, appellant shall submit for public filing a redacted Volume 3 that redacts only the December 22, 2016 transcript at pages 518-548. The motion to file oversized brief will be addressed by separate order. (Sealed Documents) [10663054] (WL) [Entered: 11/21/2017 01:52 PM]
November 21, 2017 Filing 34 Filed (ECF) notice of filing document ([30]) publicly pursuant to Interim Circuit Rule 27-13(f). Filed by Appellant Leroy Baca. Date of service: 10/25/2017. (Court-entered filing) [10663041] (WL) [Entered: 11/21/2017 01:50 PM]
November 9, 2017 Filing 33 Filed (ECF) Appellant Leroy Baca reply to response (motion to file oversized brief). Date of service: 11/09/2017. [10649872] [17-50192] (Coleman, Benjamin) [Entered: 11/09/2017 02:35 PM]
November 4, 2017 Filing 32 Filed (ECF) Appellee USA response opposing motion ([ # 27 ] Motion (ECF Filing), [ # 27 ] Motion (ECF Filing) motion to file oversized brief). Date of service: 11/04/2017. [10643690] [17-50192] (Alden, Bram) [Entered: 11/04/2017 06:42 PM]
November 3, 2017 Filing 31 Filed (ECF) UNDER SEAL Appellee USA motion to maintain record under seal. Date of service: 11/03/2017. [10643637] [17-50192] (Alden, Bram) [Entered: 11/03/2017 05:46 PM]
October 25, 2017 Filing 30 Filed (ECF) UNDER SEAL Appellant Leroy Baca notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 10/25/2017. [10631817] [17-50192] (Coleman, Benjamin) [Entered: 10/25/2017 06:50 PM]
October 25, 2017 Filing 29 Submitted (ECF) excerpts of record. Submitted by Appellant Leroy Baca. Date of service: 10/25/2017. [10631814] [17-50192] (Coleman, Benjamin) [Entered: 10/25/2017 06:48 PM]
October 25, 2017 Filing 28 Submitted (ECF) Opening Brief for review. Submitted by Appellant Leroy Baca. Date of service: 10/25/2017. [10631812] [17-50192] (Coleman, Benjamin) [Entered: 10/25/2017 06:46 PM]
October 25, 2017 Filing 27 Filed (ECF) Appellant Leroy Baca Motion to file oversized brief. Date of service: 10/25/2017. [10631811] [17-50192] (Coleman, Benjamin) [Entered: 10/25/2017 06:44 PM]
October 18, 2017 Filing 26 Filed order (MARY M. SCHROEDER, SANDRA S. IKUTA and N. RANDY SMITH) The governments unopposed motion to file Government Supplemental Exhibits Volume 2 under seal (Docket Entry No. [21]) is granted. Docket Entry No. [21] shall remain under seal. Leroy Bacas September 8, 2017 motion for bail pending appeal (Docket Entry No. [ # 19 ]) is granted. Baca has clearly and convincingly shown that he is not likely to flee or to pose a danger to the safety of any other person or the community if released, and the parties do not dispute this finding. 18 U.S.C. 3143(b)(1)(A). We conclude that Baca has raised a substantial question of law or fact. Id. 3143(b)(1)(B). Bacas claim that the district court erred by excluding expert evidence of his Alzheimers disease is at least fairly debatable, given that the exclusion of the experts testimony was directly relevant and material with respect to Bacas claim that he lacked the requisite mens rea for the false statements charge. See United States v. Handy, 761 F.2d 1279, 1283 (9th Cir. 1985). Moreover, if that substantial question is determined favorably to defendant on appeal, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment has been imposed. Id. Finally, the district court clearly erred in holding that Baca failed to carry his burden of proving by a preponderance of the evidence that he filed the appeal for a purpose other than delay. The record does not support the district court's conclusion that the nature of [Bacas] illness suggests that Baca is pursuing the appeal for the purpose of delay. Moreover, the district court failed to recognize that Baca had raised a substantial question, which is evidence that the appeal is not for purpose of delay. Although the district court may not have clearly erred in determining that Bacas requests for additional time to prepare for trial and sentencing were indicative of his intent to delay proceedings, this finding alone would be insufficient to establish that Baca is ineligible for bail. The matter is remanded to the district court for the limited purpose of establishing appropriate conditions of release. The briefing schedule established previously remains in effect. [10622162] (ME) [Entered: 10/18/2017 11:56 AM]
September 25, 2017 Filing 25 Streamlined request [24] by Appellant Leroy Baca to extend time to file the brief is approved. Amended briefing schedule: Appellant briefs and excerpts due by 10/25/2017 for Leroy Baca. Appellee brief due 11/24/2017 for United States of America. The optional reply brief is due 21 days from the date of service of the answering brief. [10593944] (JN) [Entered: 09/26/2017 08:53 AM]
September 25, 2017 Filing 24 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Leroy Baca. New requested due date is 10/25/2017. [10593210] [17-50192] (Coleman, Benjamin) [Entered: 09/25/2017 03:06 PM]
September 25, 2017 Filing 23 Filed (ECF) Appellant Leroy Baca reply to response (motion for bail pending appeal or trial). Date of service: 09/25/2017. [10593205] [17-50192] (Coleman, Benjamin) [Entered: 09/25/2017 03:04 PM]
September 22, 2017 Filing 22 Terminated Brandon D. Fox for USA in 17-50192 (Due to incorrect ECF account information). [10591007] (SLM) [Entered: 09/22/2017 02:29 PM]
September 18, 2017 Filing 21 Filed (ECF) UNDER SEAL Appellee USA motion to file document under seal and submit sealed document. Type of document: other (Government's Supplemental Exhibits - Volume 2). Date of service: 09/18/2017. [10585160] [17-50192] --[COURT UPDATE: Attached corrected exhibit. 9/19/2017 by TYL] (Alden, Bram) [Entered: 09/18/2017 03:05 PM]
September 18, 2017 Filing 20 Filed (ECF) Appellee USA response opposing motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing) motion for bail pending appeal or trial). Date of service: 09/18/2017. [10585154] [17-50192] (Alden, Bram) [Entered: 09/18/2017 03:00 PM]
September 8, 2017 Filing 19 Filed (ECF) Appellant Leroy Baca Motion for bail pending Appeal. Date of service: 09/08/2017. [10574772] [17-50192] (Coleman, Benjamin) [Entered: 09/08/2017 02:43 PM]
August 28, 2017 Filing 18 Filed order (MARY M. SCHROEDER, SANDRA S. IKUTA and N. RANDY SMITH): The request to publish this courts August 23, 2017 order (Docket Entry No. [ # 16 ]) is denied. The previously established briefing schedule remains in effect. [10559951] (AF) [Entered: 08/28/2017 08:47 AM]
August 25, 2017 Filing 17 Filed (ECF) Appellant Leroy Baca Correspondence: Objection to request for publication. Date of service: 08/25/2017 [10559704] [17-50192] (Coleman, Benjamin) [Entered: 08/25/2017 05:16 PM]
August 25, 2017 Filing 16 Filed (ECF) Appellee USA Correspondence: Request for Publication. Date of service: 08/25/2017 [10558279] [17-50192] (Alden, Bram) [Entered: 08/25/2017 09:15 AM]
August 23, 2017 Filing 15 Filed order (MARY M. SCHROEDER, SANDRA S. IKUTA and N. RANDY SMITH) The parties unopposed motions to submit oversized filings in support of and in opposition to the motion for bail pending appeal (Docket Entry Nos. [ # 11 ], [ # 12 ]) are granted. The opposition and reply have been filed. As a general matter, a person who has been convicted of a federal offense is to be incarcerated unless a court makes certain findings. See 18 U.S.C. 3143(b) (2016); United States v. Garcia, 340 F.3d 1013, 1015 (9th Cir. 2003). In United States v. Handy, 761 F.2d 1279, 1283 (9th Cir. 1985), we held that under the Bail Reform Act of 1984, a court must find the following to grant bail pending appeal:...The burden is on the defendant to demonstrate his eligibility for bail pending appeal, see Handy, 761 F.2d at 1283, and we review a district courts legal determinations de novo and its factual determinations for clear error, see Garcia, 340 F.3d at 1015. In denying appellants motion for bail pending appeal, the district court found that appellant failed to satisfy his burden as to the second Handy factor: whether the appeal was for purpose of delay. The district court correctly noted that appellant substantively failed to address this factor by providing evidence or specific argument pertaining to his reason for filing an appeal. The court also mentioned that, in light of appellants Alzheimers diagnosis, a delay could complicate or prevent further proceedings... Because appellant did not meaningfully address this factor below, we cannot hold that the district court clearly erred in finding that appellant failed to meet his burden in demonstrating that he filed this appeal for purpose other than delay. See Handy, 761 F.2d at 1283. Given that each of the Handy factors must be satisfied, evidence that there is a substantial question of law or fact is not alone sufficient to establish that an appeal was not for purpose of delay. Accordingly, appellants motion for bail pending appeal (Docket Entry No.[ # 2 ]) is denied. This denial is without prejudice to appellant filing a new application for bail in the district court accompanied by evidence or argument specifically addressing whether this appeal was filed for purpose of delay. The parties do not dispute that appellant is not a flight risk and poses no danger to the public. We express no opinion on whether the district court erred in its analysis of the third and fourth Handy factors. [10554733] (TSP) [Entered: 08/23/2017 10:05 AM]
August 18, 2017 Filing 14 Filed Appellee USA's four copies of a DVD consisting in Exhibits 2.8, 2.11, 2.16, 2.18, and 100: audio recordings. (sent to Records) [10550612] (GV) [Entered: 08/18/2017 02:37 PM]
August 17, 2017 Filing 13 Filed (ECF) Appellant Leroy Baca reply to response (motion for bail pending appeal or trial). Date of service: 08/17/2017. [10549270] [17-50192] (Coleman, Benjamin) [Entered: 08/17/2017 03:31 PM]
August 17, 2017 Filing 12 Filed (ECF) Appellant Leroy Baca Unopposed Motion to file oversized brief. Date of service: 08/17/2017. [10549255] [17-50192] (Coleman, Benjamin) [Entered: 08/17/2017 03:26 PM]
August 16, 2017 Filing 11 Filed (ECF) Appellee USA Unopposed Motion to file oversized brief. Date of service: 08/16/2017. [10547815] [17-50192] (Alden, Bram) [Entered: 08/16/2017 04:31 PM]
August 15, 2017 Filing 10 Filed order (MARY M. SCHROEDER and N.R. SMITH) Appellees unopposed motion to transmit Exhibits 2.8, 2.11, 2.16, 2.18, and 100 on DVD (Docket Entry No. [ # 7 ]) is granted. The government shall submit four copies of the DVD containing the exhibits. Appellees unopposed motion to file Government Exhibits Volume 3 under seal (Docket Entry No. [8]) is granted. Docket Entry No. 8 shall remain under seal. The reply in support of the motion for bail pending appeal remains due August 17, 2017. The motion for bail pending appeal shall be addressed by separate order. The previously established briefing schedule remains in effect. [10545620] (RT) [Entered: 08/15/2017 02:09 PM]
August 10, 2017 Filing 9 Filed (ECF) Appellee USA response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion for bail pending appeal or trial). Date of service: 08/10/2017. [10540718] [17-50192] (Jauregui, Eddie) [Entered: 08/10/2017 06:51 PM]
August 10, 2017 Filing 8 Filed (ECF) UNDER SEAL Appellee USA motion to file document under seal and submit sealed document. Type of document: other (exhibits). Date of service: 08/10/2017. [10540716] [17-50192] --[COURT UPDATE: Updated docket text to reflect content of filing. 8/11/2017 by TYL] (Jauregui, Eddie) [Entered: 08/10/2017 06:47 PM]
August 10, 2017 Filing 7 Filed (ECF) Appellee USA Unopposed Motion to transmit exhibit. Date of service: 08/10/2017. [10540715] [17-50192] (Jauregui, Eddie) [Entered: 08/10/2017 06:44 PM]
August 1, 2017 Filing 6 Filed clerk order (Deputy Clerk: SMR): The joint motion for an extension of time (Docket Entry No. [ # 3 ]) is granted. The opposition to the motion for bail pending appeal is now due August 10, 2017, and the optional reply is now due August 17, 2017. [10529672] (JBS) [Entered: 08/01/2017 04:38 PM]
July 26, 2017 Filing 5 Added attorney Bram Alden for USA, in case 17-50192. [10522293] (Turcios, Margoth) [Entered: 07/26/2017 01:32 PM]
July 26, 2017 Filing 4 Filed (ECF) notice of appearance of Bram M. Alden for Appellee USA. Date of service: 07/26/2017. [10522158] [17-50192] (Alden, Bram) [Entered: 07/26/2017 12:19 PM]
July 25, 2017 Filing 3 Filed (ECF) Appellant Leroy Baca Joint Motion to extend time to file a reply until 08/17/2017. Date of service: 07/25/2017. [10521133] [17-50192] (Coleman, Benjamin) [Entered: 07/25/2017 03:36 PM]
July 24, 2017 Filing 2 Filed (ECF) Appellant Leroy Baca Motion for bail pending Appeal. Date of service: 07/24/2017. [10519114] [17-50192] (Coleman, Benjamin) [Entered: 07/24/2017 02:39 PM]
May 25, 2017 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 36 Months. Transcript ordered by 06/15/2017. Transcript due 08/14/2017. Appellant briefs and excerpts due by 09/25/2017 for Leroy Baca. Appellee brief due 10/23/2017 for United States of America. Appellant's optional reply brief is due 14 days after service of the answering brief. [10448521] (HC) [Entered: 05/25/2017 11:48 AM]

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Plaintiff / appellee: UNITED STATES OF AMERICA
Represented By: Bram M. Alden
Represented By: Eddie A. Jauregui
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Defendant / appellant: LEROY BACA
Represented By: Benjamin Lee Coleman
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