USA v. Michael Mirando
| MICHAEL MIRANDO, AKA Michael John Mirando |
| UNITED STATES OF AMERICA |
| 19-50384 |
| December 26, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 65
Supreme Court Case Info Case number: 21-7697 Filed on: 04/22/2022 Cert Petition Action 1: Denied, 06/06/2022 [12464339] (DJV) [Entered: 06/06/2022 01:34 PM]
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Filing 64
Supreme Court Case Info Case number: 21-7697 Filed on: 04/22/2022 Cert Petition Action 1: Pending [12432431] (RL) [Entered: 04/27/2022 11:47 AM]
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Filing 63
MANDATE ISSUED.(CMC, JBO and DJF) [12357173] (NAC) [Entered: 02/01/2022 10:47 AM]
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Filing 62
Filed order (CONSUELO M. CALLAHAN, JOHN B. OWENS and DANIELLE J. FORREST) The panel has voted to deny Appellants petition for panel rehearing and petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. Appellants petition for panel rehearing and petition for rehearing en banc are DENIED. [12348465] (OC) [Entered: 01/24/2022 09:29 AM]
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Filing 61
Filed (ECF) Appellant Michael Mirando petition for panel rehearing and petition for rehearing en banc (from 10/25/2021 memorandum). Date of service: 12/23/2021. [12324159] [19-50384] (Weiss, Joshua) [Entered: 12/23/2021 01:33 PM]
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Filing 60
Filed text clerk order (Deputy Clerk: OC): The unopposed motion for an extension of time to file a Petition for Rehearing and/orRehearing En Banc [ # 59 ], is granted. [12274274] (OC) [Entered: 11/01/2021 12:17 PM]
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Filing 59
Filed (ECF) Appellant Michael Mirando Unopposed Motion to extend time to file petition for rehearing until 12/23/2021. Date of service: 10/29/2021. [12273481] [19-50384] (Weiss, Joshua) [Entered: 10/29/2021 05:22 PM]
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Filing 58
FILED MEMORANDUM DISPOSITION (CONSUELO M. CALLAHAN, JOHN B. OWENS and DANIELLE J. FORREST) AFFIRMED. FILED AND ENTERED JUDGMENT. [12266927] (JN) [Entered: 10/25/2021 08:08 AM]
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Filing 57
SUBMITTED ON THE BRIEFS TO CONSUELO M. CALLAHAN, JOHN B. OWENS and DANIELLE J. FORREST. [12264223] (BG) [Entered: 10/21/2021 10:31 AM]
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Filing 56
Filed clerk order (Deputy Clerk: OC): The court is of the unanimous opinion that the facts and legal argument are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted on the briefs and record without oral argument on October 21, 2021, in Pasadena, California. Fed. R. App. P. 34(a)(2). [12247505] (OC) [Entered: 10/05/2021 10:03 AM]
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Filing 55
Received 6 paper copies of Reply Brief [ # 49 ] filed by Michael Mirando. (sent to panel) [12221329] (SD) [Entered: 09/07/2021 10:45 AM]
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Filing 54
Filed clerk order: The reply brief [ # 49 ] submitted by Michael Mirando is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12217071] (LA) [Entered: 08/31/2021 04:06 PM]
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Filing 53
Filed text clerk order (Deputy Clerk: OC): Appellants two motions for an extension of time to file the reply brief [ # 47 ], [ # 48 ] are granted. [12216977] (OC) [Entered: 08/31/2021 03:30 PM]
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Filing 52
Filed (ECF) Acknowledgment of hearing notice by Attorney Joshua D. Weiss for Appellant Michael Mirando. Hearing in Pasadena on 10/21/2021 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/12/2021. [12199653] [19-50384] (Weiss, Joshua) [Entered: 08/12/2021 11:35 AM]
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Filing 51
Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Rachel Nechama Agress for Appellee USA. Hearing in Pasadena on 10/21/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/12/2021. [12199620] [19-50384] (Agress, Rachel) [Entered: 08/12/2021 11:21 AM]
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Filing 50
Notice of Oral Argument on Thursday, October 21, 2021 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you will have the option to appear in person at the Courthouse or remotely by video. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Thursday, October 21, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12194819]. [19-50384] (KS) [Entered: 08/08/2021 06:10 AM]
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Filing 49
Submitted (ECF) Reply Brief for review. Submitted by Appellant Michael Mirando. Date of service: 07/19/2021. [12176672] [19-50384] (Weiss, Joshua) [Entered: 07/19/2021 03:51 PM]
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Filing 48
Filed (ECF) Appellant Michael Mirando Unopposed Motion to extend time to file Reply brief until 07/19/2021. Date of service: 07/06/2021. [12164367] [19-50384] (Weiss, Joshua) [Entered: 07/06/2021 07:11 PM]
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Filing 47
Filed (ECF) Appellant Michael Mirando Unopposed Motion to extend time to file Reply brief until 07/12/2021. Date of service: 06/22/2021. [12151576] [19-50384] (Weiss, Joshua) [Entered: 06/22/2021 06:53 PM]
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Filing 46
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for October 2021 and the 2 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 file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. 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 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12140972]. [19-50384] (KS) [Entered: 06/10/2021 03:41 PM]
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Filing 45
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellant Michael Mirando; Granting Motion [ # 44 ](ECF Filing) motion to extend time to file the reply brief is granted. [12131915] (LKK) [Entered: 06/02/2021 04:36 PM]
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Filing 44
Filed (ECF) Appellant Michael Mirando Unopposed Motion to extend time to file Reply brief until 06/28/2021. Date of service: 06/01/2021. [12130479] [19-50384] (Weiss, Joshua) [Entered: 06/01/2021 11:39 PM]
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Filing 43
Streamlined request [42] by Appellant Michael Mirando to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 06/07/2021. [12089163] (JN) [Entered: 04/27/2021 05:38 PM]
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Filing 42
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Michael Mirando. New requested due date is 06/07/2021. [12089024] [19-50384] (Weiss, Joshua) [Entered: 04/27/2021 03:57 PM]
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Filing 41
Received 6 paper copies of Answering Brief [ # 36 ] filed by USA. [12082673] (SD) [Entered: 04/21/2021 03:49 PM]
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Filing 40
Received 3 paper copies of supplemental excerpts of record [ # 37 ] in 1 volume(s) filed by Appellee USA. [12082609] (LA) [Entered: 04/21/2021 03:17 PM]
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Filing 39
Filed clerk order: The answering brief [ # 36 ] submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 supplemental excerpts of record [ # 37 ] submitted by USA are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12078799] (SML) [Entered: 04/19/2021 11:08 AM]
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Filing 38
Filed (ECF) presentence report UNDER SEAL by Appellee USA. [12077919] [19-50384] (Agress, Rachel) [Entered: 04/16/2021 04:10 PM]
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Filing 37
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee USA. Date of service: 04/16/2021. [12077914] [19-50384] (Agress, Rachel) [Entered: 04/16/2021 04:09 PM]
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Filing 36
Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 04/16/2021. [12077910] [19-50384] (Agress, Rachel) [Entered: 04/16/2021 04:07 PM]
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Filing 35
Filed clerk order (Deputy Clerk: LK): Appellees unopposed motion (Docket Entry No. [ # 34 ]) for an extension of time to file the answering brief is granted. The answering brief is due April 16, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12057993] (RY) [Entered: 03/30/2021 10:43 AM]
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Filing 34
Filed (ECF) Appellee USA Motion to extend time to file Answering brief until 04/16/2021. Date of service: 03/26/2021. [12054690] [19-50384] (Agress, Rachel) [Entered: 03/26/2021 12:42 PM]
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Filing 33
Filed clerk order (Deputy Clerk: LK): Appellees unopposed motions (Docket Entry Nos. [ # 31 ] & [ # 32 ]) for extensions of time to file the answering brief are granted. The answering brief is due April 2, 2021. The optional reply brief is due within 21 days after service of the answering brief.[12024780] (JPD) [Entered: 03/04/2021 02:58 PM]
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Filing 32
Filed (ECF) Appellee USA Motion to extend time to file Answering brief until 04/02/2021. Date of service: 02/11/2021. [12001413] [19-50384] (Agress, Rachel) [Entered: 02/11/2021 05:02 PM]
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Filing 31
Filed (ECF) Appellee USA Motion to extend time to file Answering brief until 03/03/2021. Date of service: 01/15/2021. [11965960] [19-50384] (Agress, Rachel) [Entered: 01/15/2021 01:42 PM]
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Filing 30
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellee USA; Granting Motion [ # 29 ] (ECF Filing) motion to extend time to file brief filed by Appellee USA. Appellee brief due 02/10/2021 for United States of America. The optional reply brief is due 21 days after service of the answering brief. [11875529] (LKK) [Entered: 10/29/2020 10:53 AM]
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Filing 29
Filed (ECF) Appellee USA Unopposed Motion to extend time to file Answering brief until 02/10/2021. Date of service: 10/28/2020. [11875086] [19-50384] (Agress, Rachel) [Entered: 10/28/2020 07:26 PM]
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Filing 28
Received 6 paper copies of Opening Brief [ # 18 ] filed by Michael Mirando. [11870772] (SD) [Entered: 10/23/2020 05:30 PM]
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Filing 27
Received 3 paper copies of excerpts of record [ # 19 ] in 6 volume(s) filed by Appellant Michael Mirando. [11870557] (KWG) [Entered: 10/23/2020 04:10 PM]
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Filing 26
Added Attorney(s) Rachel Nechama Agress for party(s) Appellee USA, in case 19-50384. [11868893] (NAC) [Entered: 10/22/2020 02:51 PM]
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Filing 25
Filed (ECF) notice of appearance of Rachel Agress (U.S. Attorney's Office, U.S. Courthouse, 312 North Spring Street, 12th Floor, Los Angeles, CA 90012) for Appellee USA. Date of service: 10/22/2020. (Party was previously proceeding with counsel.) [11868883] [19-50384] (Agress, Rachel) [Entered: 10/22/2020 02:49 PM]
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Filing 24
Added Attorney(s) Consuelo Woodhead for party(s) Appellee USA, in case 19-50384. [11868788] (NAC) [Entered: 10/22/2020 02:11 PM]
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Filing 23
Filed (ECF) notice of appearance of Consuelo S. Woodhead (U.S. Attorney's Office, 1000 U.S. Courthouse, 312 North Spring Street, Los Angeles, CA 90012) for Appellee USA. Date of service: 10/22/2020. (Party was previously proceeding with counsel.) [11868774] [19-50384] (Woodhead, Consuelo) [Entered: 10/22/2020 02:07 PM]
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Filing 22
Filed clerk order: The opening brief [ # 18 ] submitted by Michael Mirando is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 excerpts of record [ # 19 ] submitted by Michael Mirando are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11859906] (SML) [Entered: 10/15/2020 11:36 AM]
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Filing 21
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [20]. Original Text: Filed (ECF) UNDER SEAL Appellant Michael Mirando motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 10/08/2020. [11853100] [19-50384] (Weiss, Joshua) [Entered: 10/08/2020 04:23 PM]
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Filing 20
Filed (ECF) presentence report UNDER SEAL by Appellant Michael Mirando. [11852947] [19-50384]--[COURT UPDATE: Attached corrected presentence report. 10/15/2020 by SML] (Weiss, Joshua) [Entered: 10/08/2020 03:50 PM]
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Filing 19
Submitted (ECF) excerpts of record. Submitted by Appellant Michael Mirando. Date of service: 10/08/2020. [11852944] [19-50384]--[COURT UPDATE: Attached corrected excerpts. 10/15/2020 by SML] (Weiss, Joshua) [Entered: 10/08/2020 03:48 PM]
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Filing 18
Submitted (ECF) Opening Brief for review. Submitted by Appellant Michael Mirando. Date of service: 10/08/2020. [11852881] [19-50384]--[COURT UPDATE: Attached corrected brief. 10/15/2020 by SML] (Weiss, Joshua) [Entered: 10/08/2020 03:37 PM]
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Filing 17
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellant Michael Mirando; Granting Motion [ # 16 ] (ECF Filing) motion to extend time to file brief filed by Appellant Michael Mirando. Appellant briefs and excerpts due by 10/13/2020 for Michael Mirando. Appellee brief due 11/12/2020 for United States of America. The optional reply brief is due 21 days after service of the answering brief. [11843366] (LKK) [Entered: 10/01/2020 09:13 AM]
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Filing 16
Filed (ECF) Appellant Michael Mirando Unopposed Motion to extend time to file Opening brief until 10/13/2020. Date of service: 09/30/2020. [11843187] [19-50384] (Weiss, Joshua) [Entered: 09/30/2020 09:10 PM]
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Filing 15
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellant Michael Mirando; Granting Motion [ # 14 ] (ECF Filing) motion to extend time to file brief filed by Appellant Michael Mirando. Appellant briefs and excerpts due by 10/05/2020 for Michael Mirando. Appellee brief due 11/04/2020 for United States of America. The optional reply brief is due 21 days after service of the answering brief. [11807512] (LKK) [Entered: 08/31/2020 10:48 AM]
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Filing 14
Filed (ECF) Appellant Michael Mirando Unopposed Motion to extend time to file Opening brief until 10/05/2020. Date of service: 08/28/2020. [11806807] [19-50384] (Weiss, Joshua) [Entered: 08/28/2020 05:25 PM]
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Filing 13
Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellant Michael Mirando; Granting Motion [ # 12 ] (ECF Filing) motion to extend time to file brief filed by Appellant Michael Mirando. Appellant briefs and excerpts due by 09/04/2020 for Michael Mirando. Appellee brief due 10/05/2020 for United States of America. The optional reply brief is due 21 days after service of the answering brief. [11736050] (LKK) [Entered: 06/29/2020 09:34 AM]
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Filing 12
Filed (ECF) Appellant Michael Mirando Unopposed Motion to extend time to file Opening brief until 09/04/2020. Date of service: 06/28/2020. [11735788] [19-50384] (Weiss, Joshua) [Entered: 06/28/2020 03:21 PM]
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Filing 11
Filed text clerk order (Deputy Clerk: EU): Updated deadlines. Automatic 60-day extension (notice filed at Docket Entry No. [ # 10 ]) Appellant briefs and excerpts due by 07/06/2020 for Michael Mirando. Appellee brief due 08/05/2020 for United States of America. The optional reply brief is due 21 days after service of the answering brief. [11677075] (EU) [Entered: 04/30/2020 02:38 PM]
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Filing 10
Filed (ECF) Appellant Michael Mirando Correspondence: Notice. Date of service: 04/30/2020 [11676850] [19-50384] (Weiss, Joshua) [Entered: 04/30/2020 12:57 PM]
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Filing 9
Added Attorney(s) Joshua D. Weiss for party(s) Appellant Michael Mirando, in case 19-50384. [11584216] (NAC) [Entered: 02/04/2020 09:59 AM]
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Filing 8
Filed (ECF) notice of appearance of Joshua D. Weiss (Office of The Federal Public Defender) for Appellant Michael Mirando. Substitution for Attorney Ms. Brianna Fuller Mircheff for Appellant Michael Mirando. Date of service: 02/04/2020. (Party was previously proceeding with counsel.) [11584208] [19-50384] (Weiss, Joshua) [Entered: 02/04/2020 09:57 AM]
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Filing 7
Filed (ECF) Appellee USA Correspondence: Notice and Service of Ninth Circuit Order and Proof of Service of Order on Defendant-Appellant. Date of service: 01/31/2020 [11580583] [19-50384] (Freedman, Michael) [Entered: 01/31/2020 09:59 AM]
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Filing 6
Filed (ECF) Appellee USA Correspondence: Notice and Service of Ninth Circuit Order and Proof of Service of Order on Defendant-Appellant. Date of service: 01/15/2020 [11563073] [19-50384] (Freedman, Michael) [Entered: 01/15/2020 10:35 AM]
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Filing 5
Pursuant to the order, we have located the following attorney to represent the defendant-applicant: Brianna Fuller Mircheff (SBN 243641) Deputy Federal Public Defender 321 E. 2nd Street Los Angeles, CA 90012 Tel: (213) 894-4784 Brianna_Mircheff@fd.org in case 19-50384. [11554136] (DL) [Entered: 01/07/2020 04:44 PM]
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Filing 4
Terminated James W. Spertus for Michael Mirando in 19-50384 [11553339] (JPD) [Entered: 01/07/2020 11:34 AM]
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Filing 3
Filed order (Appellate Commissioner): Appellants submission of a completed Form CJA 23 is construed as a motion to proceed in forma pauperis. So construed, the motion is granted. The motion of appellants retained counsel, James W. Spertus, Esq., to withdraw as counsel of record and for appointment of new counsel (Docket Entry No. [ # 2 ]) is granted. Counsel will be appointed by separate order. The Clerk shall electronically serve this order on the appointing authority for the Central District of California, who will locate appointed counsel. The appointing authority shall send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9.uscourts.gov within 14 days of locating counsel. Appellant shall designate the reporters transcript by February 24, 2020. The transcript is due March 25, 2020. The opening brief and excerpts of record are due May 4, 2020; the answering brief is due June 3, 2020; and the optional reply brief is due within 21 days after service of the answering brief. The Clerk shall serve a Form CJA 24 on the appointing authority, who shall provide it to newly appointed counsel. See 28 U.S.C. 753(f). If appellant seeks transcripts of proceedings requiring special authorization, that authorization should be obtained from the district court. See 6 Guide to Judiciary Policy 550.40. Former counsel is advised that a motion to withdraw should be served on defendant; the proof of service should include defendants current address. See 9th Cir. R. 4-1(c). Within 14 days after the date of this order, Assistant United States Attorney Michael Gregory Freedman shall serve this order on appellant and provide this court with proof of service, including appellants current address. The Clerk shall amend this courts docket to reflect that appellant is now proceeding in forma pauperis. The Clerk shall serve this order on former counsel Spertus. (Direct Criminal) [11553335] (JPD) [Entered: 01/07/2020 11:33 AM]
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| Filing 2 Filed (ECF) Appellant Michael Mirando motion. Attorney(s) Attorney Mr. James W. Spertus for Appellant Michael Mirando motion to withdraw as counsel. Date of service: 12/26/2019. [11544371] [19-50384] (Spertus, James) [Entered: 12/26/2019 01:57 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 87 Months. Transcript ordered by 01/16/2020. Transcript due 02/18/2020. Appellant briefs and excerpts due by 03/26/2020 for Michael Mirando. Appellee brief due 04/27/2020 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [11544329] (JPD) [Entered: 12/26/2019 01:32 PM] |
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