USA v. Robert Osborne, et al
Defendant / Appellee: DEBRA OSBORNE and ROBERT C. OSBORNE
Plaintiff / Appellant: UNITED STATES OF AMERICA
Case Number: 20-10404
Filed: November 24, 2020
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
January 28, 2022 USA V. ROBERT OSBORNE

Docket Report

This docket was last retrieved on February 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2022 Opinion or Order Filing 74 MANDATE ISSUED.(KMW, DAB and PJB) [12375684] (DJV) [Entered: 02/22/2022 07:58 AM]
January 28, 2022 Opinion or Order Filing 72 Filed clerk order: The answering brief [ # 59 ] submitted by Robert C. Osborne is filed. No paper copies are required at this time. [12354623] (KWG) [Entered: 01/28/2022 01:45 PM]
January 28, 2022 Opinion or Order Filing 71 FILED MEMORANDUM DISPOSITION WITH DISSENT (KIM MCLANE WARDLAW, DANIEL A. BRESS and PATRICK J. BUMATAY) AFFIRMED. FILED AND ENTERED JUDGMENT. [12354023] (MM) [Entered: 01/28/2022 08:32 AM]
January 28, 2022 Opinion or Order Filing 70 Filed text clerk order (Deputy Clerk: MM): Appellees motion to file a corrected answering brief (Dkt. [ # 58 ]) is GRANTED. [12354022] (MM) [Entered: 01/28/2022 08:30 AM]
January 20, 2022 Opinion or Order Filing 69 Filed order (KIM MCLANE WARDLAW, DANIEL A. BRESS and PATRICK J. BUMATAY): The motion of appellees counsel, Amy B. Krauss, Esq., to terminate her representation under the Criminal Justice Act, effective September 1, 2021, and be substituted as appellees retained counsel is granted. See Dkt. [ # 68 ]. The Clerk will amend the docket to reflect that counsel Krauss is appellees retained counsel. [12346209] (AF) [Entered: 01/20/2022 02:31 PM]
January 19, 2022 Opinion or Order Filing 68 Filed (ECF) Appellee Robert C. Osborne motion. Attorney(s) Attorney Ms. Amy Krauss for Appellee Robert C. Osborne motion to substitute counsel. Date of service: 01/19/2022. [12344663] [20-10404] (Krauss, Amy) [Entered: 01/19/2022 01:08 PM]
January 14, 2022 Opinion or Order Filing 73 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/ [12366273] (DR) [Entered: 02/10/2022 11:23 AM]
January 14, 2022 Opinion or Order Filing 67 ARGUED AND SUBMITTED TO KIM MCLANE WARDLAW, DANIEL A. BRESS and PATRICK J. BUMATAY. [12341305] (EJF) [Entered: 01/14/2022 12:17 PM]
December 14, 2021 Opinion or Order Filing 66 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Tiffany L. Walters for Appellant USA. Hearing in Pasadena on 01/14/2022 at 10:00 A.M. (Courtroom: 2). Filer sharing argument time: No. Appearance in person or by video: Not an option for this hearing. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/14/2021. [12314890] [20-10404] (Walters, Tiffany) [Entered: 12/14/2021 06:29 AM]
December 13, 2021 Opinion or Order Filing 65 Filed clerk order (Deputy Clerk: AF): Oral argument will be held at 10:00 a.m. Pacific Daylight Time on Friday, January 14, 2022. This will be a remote hearing, and all parties will appear for argument by video. [12313828] (AF) [Entered: 12/13/2021 11:20 AM]
December 13, 2021 Opinion or Order Filing 64 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Amy Krauss for Appellee Robert C. Osborne. Hearing in Pasadena on 01/14/2022 at 10:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. Appearance in person or by video: Not an option for this hearing. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/13/2021. [12313657] [20-10404] (Krauss, Amy) [Entered: 12/13/2021 10:24 AM]
December 13, 2021 Opinion or Order Filing 63 ** This will be a remote hearing ** Notice of Oral Argument on Friday, January 14, 2022 - 10:00 A.M. - Courtroom 2 - 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. Check # here for updates on the status of reopening as the hearing date approaches. 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 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 28 days before Friday, January 14, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12313624]. [20-10404]--[Edited 12/13/2021 by KS] (KS) [Entered: 12/13/2021 10:08 AM]
December 6, 2021 Opinion or Order Filing 62 Case came on for submission, SUBMISSION DEFERRED. [12306790] (AML) [Entered: 12/06/2021 01:25 PM]
December 6, 2021 Opinion or Order Filing 61 Filed order (KIM MCLANE WARDLAW, DANIEL A. BRESS and PATRICK J. BUMATAY): Appellees unopposed motion to reschedule oral argument is GRANTED. The oral argument set for December 9, 2021, is hereby vacated. [12306675] (AF) [Entered: 12/06/2021 12:20 PM]
December 6, 2021 Opinion or Order Filing 60 Filed (ECF) Appellee Robert C. Osborne Unopposed Motion to reschedule oral argument. Date of service: 12/06/2021. [12306274] [20-10404] (Krauss, Amy) [Entered: 12/06/2021 10:09 AM]
December 5, 2021 Opinion or Order Filing 59 Submitted (ECF) Answering Brief for review. Submitted by Appellee Robert C. Osborne. Date of service: 12/05/2021. [12305899] [20-10404] (Krauss, Amy) [Entered: 12/05/2021 08:10 AM]
December 5, 2021 Opinion or Order Filing 58 Filed (ECF) Appellee Robert C. Osborne Motion to file substitute or corrected brief. Date of service: 12/05/2021. [12305898] [20-10404] (Krauss, Amy) [Entered: 12/05/2021 08:09 AM]
December 3, 2021 Opinion or Order Filing 57 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 59 ]. Original Text: Filed (ECF) Errata to Answering Brief ([ # 31 ] Brief Submitted for Review (ECF Filing)). Filed by Appellee Robert C. Osborne. Date of service: 12/03/2021. [12304984] [20-10404] (Krauss, Amy) [Entered: 12/03/2021 12:00 PM]
December 1, 2021 Opinion or Order Filing 56 Filed (ECF) Appellee Robert C. Osborne citation of supplemental authorities. Date of service: 12/01/2021. [12303030] [20-10404] (Krauss, Amy) [Entered: 12/01/2021 03:43 PM]
November 8, 2021 Opinion or Order Filing 55 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Tiffany L. Walters for Appellant USA. Hearing in San Francisco on 12/09/2021 at 1:30 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Appearance in person or by video: Not an option for this hearing. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/08/2021. [12281250] [20-10404] (Walters, Tiffany) [Entered: 11/08/2021 01:04 PM]
November 8, 2021 Opinion or Order Filing 54 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Amy Krauss for Appellee Robert C. Osborne. Hearing in San Francisco on 12/09/2021 at 1:30 P.M. (Courtroom: 1). Filer sharing argument time: No. Appearance in person or by video: Not an option for this hearing. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/08/2021. [12280722] [20-10404] (Krauss, Amy) [Entered: 11/08/2021 09:23 AM]
November 3, 2021 Opinion or Order Filing 53 Notice of Oral Argument on Thursday, December 9, 2021 - 1:30 P.M. - Courtroom 1 - Scheduled Location: San Francisco 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 may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . 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 28 days before Thursday, December 9, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12277104]. [20-10404] (KS) [Entered: 11/03/2021 12:08 PM]
November 2, 2021 Opinion or Order Filing 52 Notice of Oral Argument on Thursday, December 9, 2021 - 1:00 P.M. - Courtroom 1 - Scheduled Location: San Francisco 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 may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . 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 28 days before Thursday, December 9, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12275459]. [20-10404] (KS) [Entered: 11/02/2021 10:39 AM]
October 4, 2021 Opinion or Order Filing 51 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Tiffany L. Walters for Appellant USA. Hearing in San Francisco on 12/09/2021 at 09:30 A.M. (Courtroom: 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: 10/04/2021. [12245849] [20-10404] (Walters, Tiffany) [Entered: 10/04/2021 07:42 AM]
September 26, 2021 Opinion or Order Filing 50 Notice of Oral Argument on Thursday, December 9, 2021 - 09:30 A.M. - Courtroom 1 - Scheduled Location: San Francisco 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 may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, 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, December 9, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12239160]. [20-10404] (KS) [Entered: 09/26/2021 06:18 AM]
August 27, 2021 Opinion or Order Filing 49 Received 6 paper copies of Reply Brief [ # 38 ] filed by USA. [12213704] (SD) [Entered: 08/27/2021 01:14 PM]
August 27, 2021 Opinion or Order Filing 48 Received 3 paper copies of further excerpts of record [ # 39 ], [ # 45 ] in 1 volume(s) and index volume filed by Appellant USA. [12213503] (LA) [Entered: 08/27/2021 11:24 AM]
August 10, 2021 Opinion or Order Filing 47 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for December 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).[12197199]. [20-10404] (KS) [Entered: 08/10/2021 01:31 PM]
August 4, 2021 Opinion or Order Filing 46 Filed clerk order: The reply brief [ # 38 ] 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: gray. The further excerpts of record [ # 39 ], [ # 45 ] 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. [12191516] (LA) [Entered: 08/04/2021 09:27 AM]
August 3, 2021 Opinion or Order Filing 45 Submitted (ECF) further excerpts of record Vol 1. Submitted by Appellant USA. Date of service: 07/29/2021. (Court-entered filing, excerpts of record originally submitted in [40].) [12191267]--[Edited: Updated docket text to reflect correct party filer. 08/04/2021 by LA] (AF) [Entered: 08/03/2021 05:24 PM]
August 3, 2021 Opinion or Order Filing 44 Filed (ECF) notice of filing document ([40]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellant USA. Date of service: 07/29/2021. (Court-entered filing) [12191266] (AF) [Entered: 08/03/2021 05:23 PM]
August 3, 2021 Opinion or Order Filing 43 Filed order (Appellate Commissioner): Appellant filed a notice of intent to file publicly Volume 1 of the further excerpts of record, with certain personal information redacted. Appellant states that appellee does not oppose. See 9th Cir. R. 27-13(f). Accordingly, the Clerk will unseal the notice (Docket Entry Nos. [40]-2 and [40]-3) and will file publicly the redacted version of Volume 1 of the further excerpts of record (Docket Entry No. [40]-1). (MOATT) [12191265] (AF) [Entered: 08/03/2021 05:21 PM]
August 2, 2021 Opinion or Order Filing 42 Received 6 paper copies of Answering Brief [ # 31 ] filed by Robert C. Osborne. [12189591] (SD) [Entered: 08/02/2021 02:32 PM]
August 2, 2021 Opinion or Order Filing 41 Received 3 paper copies of supplemental excerpts of record [ # 32 ], [36] in 4 volume(s) (Volume 4 UNDER SEAL) and index volume filed by Appellee Robert C. Osborne. [12189251] (KWG) [Entered: 08/02/2021 12:24 PM]
July 29, 2021 Opinion or Order Filing 40 Filed (ECF) UNDER SEAL Appellant USA notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 07/29/2021. [12186796] [20-10404]--[COURT UPDATE: Attached corrected PDF of the sealed excerpts. 07/30/2021 by KWG] (Walters, Tiffany) [Entered: 07/29/2021 01:11 PM]
July 29, 2021 Opinion or Order Filing 39 Submitted (ECF) further excerpts of record. Submitted by Appellant USA. Date of service: 07/29/2021. [12186776] [20-10404] (Walters, Tiffany) [Entered: 07/29/2021 12:53 PM]
July 29, 2021 Opinion or Order Filing 38 Submitted (ECF) Reply Brief for review. Submitted by Appellant USA. Date of service: 07/29/2021. [12186768] [20-10404] (Walters, Tiffany) [Entered: 07/29/2021 12:47 PM]
July 27, 2021 Opinion or Order Filing 37 Filed clerk order: The answering brief [ # 31 ] submitted by Robert C. Osborne 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 [ # 32 ], [36] submitted by Robert C. Osborne are filed. Volume 4 of the supplemental excerpts is filed UNDER SEAL. 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. [12184471] (LA) [Entered: 07/27/2021 02:37 PM]
July 27, 2021 Opinion or Order Filing 36 Submitted (ECF) UNDER SEAL Supplemental Excerpts of Record, Vol. 4. Submitted by Appellee Robert C. Osborne. Date of service: 07/09/2021. (Court-entered filing, excerpts of record originally submitted in [33].) [12184361] (OC) [Entered: 07/27/2021 01:54 PM]
July 27, 2021 Opinion or Order Filing 35 Filed order (Appellate Commissioner): Appellees unopposed motion (Docket Entry No. [33]) to file under seal Volume 4 of the supplemental excerpts of record is granted. The Clerk will publicly file the answering brief (Docket Entry No. [ # 31 ]) and Volumes 1 through 3 of the supplemental excerpts of record (Docket Entry No. [ # 32 ]). The Clerk will file under seal Volume 4 of the supplemental excerpts of record (Docket Entry No. 33-2) and the motion to seal (Docket Entry No. 33-1). The existing briefing schedule remains in effect. (Appellate Commissioner) [12184354] (OC) [Entered: 07/27/2021 01:52 PM]
July 10, 2021 Opinion or Order Filing 34 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 32 ]. Original Text: Filed (ECF) Errata to excerpts of record ([ # 32 ] Excerpts of Record Submitted (ECF Filing)). Filed by Appellee Robert C. Osborne. Date of service: 07/10/2021. [12169025] [20-10404] (Krauss, Amy) [Entered: 07/10/2021 07:52 AM]
July 9, 2021 Opinion or Order Filing 33 Filed (ECF) UNDER SEAL Appellee Robert C. Osborne motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 07/09/2021. [12168102] [20-10404]--[COURT UPDATE: Replaced notice with motion, attached corrected excerpts, updated docket text to reflect content of filing. 07/13/2021 by LA] (Krauss, Amy) [Entered: 07/09/2021 11:52 AM]
July 9, 2021 Opinion or Order Filing 32 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Robert C. Osborne. Date of service: 07/09/2021. [12168042] [20-10404]--[COURT UPDATE: Attached corrected excerpts. 07/13/2021 by LA] (Krauss, Amy) [Entered: 07/09/2021 11:30 AM]
July 9, 2021 Opinion or Order Filing 31 Submitted (ECF) Answering Brief for review. Submitted by Appellee Robert C. Osborne. Date of service: 07/09/2021. [12168032] [20-10404]--[COURT UPDATE: Attached corrected brief. 07/13/2021 by LA] (Krauss, Amy) [Entered: 07/09/2021 11:28 AM]
June 21, 2021 Opinion or Order Filing 30 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 29 ] (ECF Filing) filed by Appellee Robert C. Osborne; Appellee brief due 07/09/2021 for Robert C. Osborne. The optional reply brief is due 21 days after service of the answering brief. [12148773] (GS) [Entered: 06/21/2021 09:43 AM]
June 18, 2021 Opinion or Order Filing 29 Filed (ECF) Appellee Robert C. Osborne Motion to extend time to file Answering brief until 07/09/2021. Date of service: 06/18/2021. [12148228] [20-10404] (Krauss, Amy) [Entered: 06/18/2021 08:32 PM]
April 12, 2021 Opinion or Order Filing 28 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 27 ] (ECF Filing) filed by Appellee Robert C. Osborne; Appellee brief due 06/25/2021 for Robert C. Osborne. The optional reply brief is due 21 days after service of the answering brief. [12070817] (GS) [Entered: 04/12/2021 12:54 PM]
April 12, 2021 Opinion or Order Filing 27 Filed (ECF) Appellee Robert C. Osborne Unopposed Motion to extend time to file Answering brief until 06/25/2021. Date of service: 04/12/2021. [12070324] [20-10404] (Krauss, Amy) [Entered: 04/12/2021 09:15 AM]
March 12, 2021 Opinion or Order Filing 26 Received 3 paper copies of excerpts of record [ # 14 ], [21] in 2 volumes (Volume 2 UNDER SEAL) and index volume filed by Appellant USA. [12040161] (LA) [Entered: 03/12/2021 04:52 PM]
March 12, 2021 Opinion or Order Filing 25 Received 6 paper copies of Opening Brief [ # 13 ] filed by USA. [12039936] (SD) [Entered: 03/12/2021 03:05 PM]
March 8, 2021 Opinion or Order Filing 24 Filed clerk order: The opening brief [ # 13 ] 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: blue. The excerpts of record [ # 14 ], [21] submitted by USA are filed. Volume 2 is filed UNDER SEAL. 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. [12028261] (LA) [Entered: 03/08/2021 04:11 PM]
March 8, 2021 Opinion or Order Filing 23 Terminated Appellee Debra Osborne in 20-10404 [12027553] (AF) [Entered: 03/08/2021 12:06 PM]
March 8, 2021 Opinion or Order Filing 22 Filed clerk order (Deputy Clerk: KH): Appellants unopposed motion for voluntary dismissal of this appeal as to appellee Debra Osborne (Docket Entry No. [ # 11 ]) is granted. This appeal is dismissed as to appellee Debra Osborne only. See Fed. R. App. P. 42(b). This order served on the district court acts as the mandate of this court as to appellee Debra Osborne only. This appeal will proceed as to appellee Robert C. Osborne only. The Clerk will file the opening brief submitted at Docket Entry No. [ # 13 ]. The answering brief for appellee Robert C. Osborne is due April 26, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12027552] (AF) [Entered: 03/08/2021 12:05 PM]
March 8, 2021 Opinion or Order Filing 21 Submitted (ECF) UNDER SEAL excerpts of record Vol 2. Submitted by Appellant USA. Date of service: 02/23/2021. (Court-entered filing, excerpts of record originally submitted in [12].) [12027232] (AF) [Entered: 03/08/2021 10:19 AM]
March 8, 2021 Opinion or Order Filing 20 Filed order (Interim Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [12]) to file under seal Volume 2 of the excerpts of record is granted. The Clerk will publicly file the opening brief (Docket Entry No. [ # 13 ]) and Volume 1 of the excerpts of record (Docket Entry No. [ # 14 ]). The Clerk will file under seal the motion to seal (Docket Entry No. [12]-1) and Volume 2 of the excerpts of record (Docket Entry No. [12]-2). Appellants motion to dismiss a party (Docket Entry No. [ # 11 ]) will be addressed separately. The existing briefing schedule remains in effect. [12027222] (AF) [Entered: 03/08/2021 10:16 AM]
March 2, 2021 Opinion or Order Filing 19 Filed Appellant USA letter dated 02/25/2021 re: Service on Appellee. Paper filing deficiency: None. [12021754] (DJV) [Entered: 03/02/2021 01:59 PM]
March 1, 2021 Opinion or Order Filing 18 Streamlined request [16] by Appellee Robert C. Osborne to extend time to file the brief is approved. Amended briefing schedule: Appellee brief due 04/26/2021 for Debra Osborne and Robert C. Osborne. The optional reply brief is due 21 days from the date of service of the answering brief. [12020763] (DLM) [Entered: 03/01/2021 05:46 PM]
March 1, 2021 Opinion or Order Filing 17 Filed (ECF) Appellant USA Correspondence: Certificate of Service. Date of service: 03/01/2021 [12020312] [20-10404] (Walters, Tiffany) [Entered: 03/01/2021 03:02 PM]
March 1, 2021 Opinion or Order Filing 16 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Robert C. Osborne. New requested due date is 04/26/2021. [12020273] [20-10404] (Krauss, Amy) [Entered: 03/01/2021 02:54 PM]
February 23, 2021 Opinion or Order Filing 15 Criminal Justice Act electronic voucher created. (Counsel: Ms. Amy Krauss for Robert C. Osborne) [12014385] (TG) [Entered: 02/23/2021 05:22 PM]
February 23, 2021 Opinion or Order Filing 14 Submitted (ECF) excerpts of record. Submitted by Appellant USA. Date of service: 02/23/2021. [12013818] [20-10404]--[COURT UPDATE: Attached corrected excerpts. 02/23/2021 by LA] (Walters, Tiffany) [Entered: 02/23/2021 01:49 PM]
February 23, 2021 Opinion or Order Filing 13 Submitted (ECF) Opening Brief for review. Submitted by Appellant USA. Date of service: 02/23/2021. [12013815] [20-10404]--[COURT UPDATE: Attached corrected brief. 02/23/2021 by LA] (Walters, Tiffany) [Entered: 02/23/2021 01:47 PM]
February 23, 2021 Opinion or Order Filing 12 Filed (ECF) UNDER SEAL Appellant USA motion to file document under seal and submit sealed document. Type of document: excerpts of record (Volume 2). Date of service: 02/23/2021. [12013802] [20-10404]--[COURT UPDATE: Attached corrected excerpts. 02/23/2021 by LA] (Walters, Tiffany) [Entered: 02/23/2021 01:44 PM]
February 22, 2021 Opinion or Order Filing 10 DISTRICT COURT MINUTE ORDER APPOINTING APPELLATE COUNSEL re: 300 Notice of Appeal: CJA Attorney Amy Beth Krauss for Robert C Osborne appointed effective: 2/16/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAH) , in case 20-10404. [12011701] (DL) [Entered: 02/22/2021 12:39 PM]
February 22, 2021 Opinion or Order Filing 11 Filed (ECF) Appellant USA Motion to dismiss party from case. Date of service: 02/22/2021. [12012087] [20-10404] (Walters, Tiffany) [Entered: 02/22/2021 02:35 PM]
February 16, 2021 Opinion or Order Filing 9 Terminated Stephen G. Ralls for Robert C. Osborne in 20-10404 [12005357] (AF) [Entered: 02/16/2021 04:47 PM]
February 16, 2021 Opinion or Order Filing 8 Filed order (Interim Appellate Commissioner): The motion of appellee Robert C. Osbornes appointed counsel, Stephen G. Ralls, Esq., to be relieved as counsel of record and for appointment of new counsel (Docket Entry No. 7) is granted. Counsel will be appointed by separate order. The Clerk will electronically serve this order on the appointing authority for the District of Arizona, who will locate appointed counsel. The appointing authority is requested to 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. The existing briefing schedule remains in effect. Former counsel is advised that, in future appeals, a motion to withdraw must be served on defendant; the proof of service must include defendants current address. See 9th Cir. R. 4-1(c). Within 14 days after the date of this order, Assistant United States Attorney Tiffany L. Walters must serve this order on appellee Robert C. Osborne and provide this court with proof of service, including appellees current address. The Clerk will serve this order on former counsel Ralls. [12005353] (AF) [Entered: 02/16/2021 04:46 PM]
February 9, 2021 Opinion or Order Filing 7 Filed (ECF) Appellee Robert C. Osborne motion. Attorney(s) Attorney Mr. Stephen G. Ralls, Esquire for Appellee Robert C. Osborne motion to withdraw as counsel, Motion for appointment of counsel. Date of service: 02/09/2021. [11997827] [20-10404] (Ralls, Stephen) [Entered: 02/09/2021 01:15 PM]
December 4, 2020 Opinion or Order Filing 6 Criminal Justice Act electronic voucher created. (Counsel: Mr. Walter B. Nash, III, Esquire for Debra Osborne ) [11915982] (TG) [Entered: 12/04/2020 05:59 PM]
December 4, 2020 Opinion or Order Filing 5 Criminal Justice Act electronic voucher created. (Counsel: Mr. Stephen G. Ralls, Esquire for Robert C. Osborne) [11915979] (TG) [Entered: 12/04/2020 05:52 PM]
December 1, 2020 Opinion or Order Filing 4 Attorney John C. Anderson in 20-10404 substituted by Attorney Tiffany L. Walters in 20-10404 [11910382] (CW) [Entered: 12/01/2020 08:40 AM]
December 1, 2020 Opinion or Order Filing 3 Filed (ECF) notice of appearance of Tiffany Lorraine Walters (United States Attorney's Office District of New Mexico 201 Third Street NW Albuquerque, NM 87102) for Appellant USA. Substitution for Attorney Honorable John C. Anderson, Esquire for Appellant USA. Date of service: 12/01/2020. (Party was previously proceeding with counsel.) [11910370] [20-10404] (Walters, Tiffany) [Entered: 12/01/2020 08:35 AM]
November 24, 2020 Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: N/A. Transcript ordered by 12/15/2020. Transcript due 01/14/2021. Appellant briefs and excerpts due by 02/23/2021 for United States of America. Appellee brief due 03/25/2021 for Debra Osborne and Robert C. Osborne. Appellant's optional reply brief is due 21 days after service of the answering brief. [11905637] (JMR) [Entered: 11/24/2020 03:18 PM]
November 24, 2020 Filing 1 Entered appearance of Court Reporters Tracy Jamieson, Erica R. McQuillen and Michael Stephen O'Brien in this case. [11905634] (JMR) [Entered: 11/24/2020 03:17 PM]

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Defendant / appellee: DEBRA OSBORNE
Represented By: Walter B. Nash III
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Defendant / appellee: ROBERT C. OSBORNE
Represented By: Stephen G. Ralls Esquire
Represented By: Amy Krauss
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Plaintiff / appellant: UNITED STATES OF AMERICA
Represented By: John C. Anderson Esquire
Represented By: Tiffany L. Walters
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