USA v. Rafael Quiroz
| RAFAEL QUIROZ |
| UNITED STATES OF AMERICA |
| 19-10160 |
| May 9, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 10 Filed Appellant Rafael Quiroz FORM 27 motion for appeal brief; remand for resentencing. Deficiencies: None. Served on 07/01/2019. [11355531] (RL) [Entered: 07/05/2019 04:23 PM] |
| Filing 9 Filed Appellant Rafael Quiroz CJA 23 financial affidavit. Deficiencies: None. Served on 07/01/2019. [11355529] (RL) [Entered: 07/05/2019 04:21 PM] |
| Filing 8 Filed Appellant Rafael Quiroz FORM 24 motion for appointment of counsel. Deficiencies: None. Served on 07/01/2019. [11355523] (RL) [Entered: 07/05/2019 04:19 PM] |
| Filing 7 Filed Appellant Rafael Quiroz FORM 4 motion and affidavit for permission to proceed in forma pauperis. Deficiencies: None. Served on 07/01/2019. [11355519] (RL) [Entered: 07/05/2019 04:18 PM] |
| Filing 6 A copy of 6/24/2019 order [ # 5 ], a Form CJA 23, and an informal brief packet were on appellant individually at Reg. No. 11467-097, United States Penitentiary, P.O. Box 019001, Atwater, California 95301, via U.S. Mail. [11342024] (AF) [Entered: 06/24/2019 11:33 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: DV): Pursuant to this courts limited remand, on May 26, 2019, the district court granted appellants motion for an extension of time to file the notice of appeal. Thus, the notice of appeal is deemed timely filed and the appeal shall proceed. See Fed. R. App. P. 4(b)(4). The following briefing schedule shall govern this appeal. Appellants opening brief is due August 6, 2019; appellees answering brief is due September 5, 2019; and the optional reply brief is due within 21 days after service of the answering brief. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis will result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Because appellant is a pro se prisoner proceeding without the assistance of counsel appellant need not file the initial excerpts of record. See 9th Cir. R. 30-1.2. Appellees supplemental excerpts of record are limited to the district court docket sheet, the notice of appeal, the judgment or ordered appealed from, and any specific portions of the record cited in appellees brief. See Fed. R. App. P. 30-1.7. The Clerk shall serve this order, a Form CJA 23 and an informal brief packet on appellant individually at Reg. No. 11467-097, United States Penitentiary, P.O. Box 019001, Atwater, California 95301. [11342012] (AF) [Entered: 06/24/2019 11:28 AM] |
| Filing 4 Received copy of District Court order filed on 05/26/2019 ORDER. Order extending time for filing notice of appeal pursuant to Fed. R. App. P. 4(b)(4). The court therefore grants defendant an extension of the time for filing a Notice of Appeal to thirty days after the expiration of the time for the filing of such notice and also deems his Notice of Appeal received May 6, 2019 to have been timely filed. See Fed. R. App. Proc. 4(b)(4). The Clerk of the Court is directed to send a copy of this order to the Ninth Circuit Court of Appeals and to serve this order on defendant Rafael Quiroz at his address of record as is also reflected in the Ninth Circuits May 20, 2019 order remanding the matter for this courts determination. IT IS SO ORDERED. [11311418] (RL) [Entered: 05/29/2019 09:18 AM] |
| Filing 3 Filed order (Appellate Commissioner): On May 6, 2019, appellant filed, pursuant to Federal Rule of Appellate Procedure 4(c)(1), a notice of appeal from the district courts order entered on April 4, 2019. Because the notice of appeal was filed more than 14 days after entry of the order, it was not timely under Federal Rule of Appellate Procedure 4(b)(1)(A). The notice of appeal was, however, filed within 30 days after the expiration of the time to file the notice of appeal. See Fed. R. App. P. 4(b)(4). Accordingly, this case is remanded to the district court for the limited purpose of permitting the district court to provide appellant notice and an opportunity to request that the time for filing the notice of appeal be extended, for a period not to exceed 30 days from the expiration of the time prescribed by Rule 4(b), upon a finding of excusable neglect or good cause. See Fed. R. App. P. 4(b)(4); United States v. Ono, 72 F.3d 101, 103 (9th Cir. 1995) (order); United States v. Stolarz, 547 F.2d 108 (9th Cir. 1976). The district court is requested to make this determination at its earliest convenience and to send to this court a copy of its order setting forth the basis for its determination. The district court is also requested to serve its orders on appellant at the following address: Reg. No. 11467-097, United States Penitentiary, P.O. Box 019001, Atwater, California 95301. The proceedings in this court are held in abeyance pending the district courts determination. The Clerk shall serve this order on the district judge. (AppComm Direct Criminal) [11302764] (OC) [Entered: 05/20/2019 11:54 AM] |
| Filing 2 Fee status changed ( [Case Number 19-10160: IFP Pending In DC] ). [11302381] (DJV) [Entered: 05/20/2019 09:38 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: Life Custody. Transcript ordered by 05/28/2019. Transcript due 06/26/2019. Appellant briefs and excerpts due by 08/05/2019 for Rafael Quiroz. Appellee brief due 09/04/2019 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [11291824] (JMR) [Entered: 05/09/2019 10:04 AM] |
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| Defendant / appellant: RAFAEL QUIROZ | |
| Represented By: | Rafael Quiroz |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Kathleen Anne Servatius |
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