USA v. Donald Hamilton
| DONALD HAMILTON |
| UNITED STATES OF AMERICA |
| 21-10076 |
| March 9, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 34 Terminated Michael Yucevicius for Donald Hamilton in 21-10076 [12268012] (AF) [Entered: 10/25/2021 03:55 PM] |
| Filing 33 Filed order (Appellate Commissioner): The motion (Docket Entry No. [ # 32 ]) of appellants appointed counsel, Michael Yucevicius, Esq., to be relieved as counsel of record is granted. See 9th Cir. R. 4-1(e). The Clerk will serve a copy of this order on appellants counsel as well as on appellant Donald Hamilton individually at: Reg. No. 71440-066, Philadelphia RRM, Residential Reentry Office, 2nd & Chestnut St 7th Fl, Philadelphia, PA 19106. [12268009] (AF) [Entered: 10/25/2021 03:55 PM] |
| Filing 32 Filed (ECF) Appellant Donald Hamilton motion. Attorney(s) Attorney Mr. Michael Yucevicius for Appellant Donald Hamilton motion to withdraw as counsel. Date of service: 10/19/2021. [12261715] [21-10076] (Yucevicius, Michael) [Entered: 10/19/2021 02:11 PM] |
| Filing 31 MANDATE ISSUED. (RAP, JHN and JBO) [12250451] (RR) [Entered: 10/07/2021 10:04 AM] |
| Filing 30 Filed order (RICHARD A. PAEZ, JACQUELINE H. NGUYEN and JOHN B. OWENS) Appellees motion (Docket Entry No. [ # 26 ]) to summarily affirm the district courts order denying appellants motion for compassionate release under 18 U.S.C. 3582(c)(1)(A)(i) is granted. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (stating standard). Contrary to appellants contention, the district court did not impermissibly treat U.S.S.G. 1B1.13 as binding. See United States v. Aruda, 993 F.3d 797, 802 (9th Cir. 2021) (though not binding, 1B1.13 may inform a district courts evaluation of a compassionate release motion filed by a defendant). In any event, the district court did not abuse its discretion by denying appellants motion based on its conclusion that the 18 U.S.C. 3553(a) factors weighed against relief. See United States v. Keller, 2 F.4th 1278, 1281, 1284 (9th Cir. 2021) (stating standard of review and explaining that the 3553(a) factors provide an independent basis for denying a compassionate release motion). Nor did the court abuse its discretion by striking appellants unauthorized supplemental brief. See Leong v. Potter, 347 F.3d 1117, 1125 (9th Cir. 2003). AFFIRMED.[12229784] (JMR) [Entered: 09/15/2021 04:28 PM] |
| Filing 29 Filed (ECF) Appellee USA reply to response (). Date of service: 08/16/2021. [12202973] [21-10076] (Van Baren, Bruce) [Entered: 08/16/2021 04:22 PM] |
| Filing 28 Filed (ECF) Appellant Donald Hamilton response to motion ([ # 26 ] Motion (ECF Filing), [ # 26 ] Motion (ECF Filing) motion for summary affirmance, [ # 26 ] Motion (ECF Filing) motion to dismiss the case). Date of service: 08/09/2021. [12196452] [21-10076] (Yucevicius, Michael) [Entered: 08/09/2021 11:52 PM] |
| Filing 27 Filed (ECF) presentence report UNDER SEAL by Appellee USA. [12187774] [21-10076] (Van Baren, Bruce) [Entered: 07/30/2021 10:28 AM] |
| Filing 26 Filed (ECF) Appellee USA Motion for summary affirmance, Motion to dismiss the case. Date of service: 07/30/2021. [12187772] [21-10076] (Van Baren, Bruce) [Entered: 07/30/2021 10:27 AM] |
| Filing 25 Received 6 paper copies of Opening Brief [ # 11 ] filed by Donald Hamilton. [12174040] (SD) [Entered: 07/15/2021 05:02 PM] |
| Filing 24 Received 3 paper copies of excerpts of record [ # 15 ], [ # 21 ], [22] in 4 volumes (Volume 4 UNDER SEAL) and index volume filed by Appellant Donald Hamilton. [12173303] (LA) [Entered: 07/15/2021 10:45 AM] |
| Filing 23 Filed clerk order: The opening brief [ # 11 ] submitted by Donald Hamilton 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 [ # 15 ], [ # 21 ], [22] submitted by Donald Hamilton are filed (Volume 4 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. [12167388] (SML) [Entered: 07/08/2021 04:59 PM] |
| Filing 22 Submitted (ECF) UNDER SEAL excerpts of record Vol. 4. Submitted by Appellant Donald Hamilton. Date of service: 06/09/2021. (Court-entered filing, excerpts of record originally submitted in [12].) [12167216] (JMR) [Entered: 07/08/2021 03:50 PM] |
| Filing 21 Submitted (ECF) excerpts of record Vol 2 & 3. Submitted by Appellant Donald Hamilton. Date of service: 06/09/2021. (Court-entered filing, excerpts of record originally submitted in [13].) [12167214] (JMR) [Entered: 07/08/2021 03:50 PM] |
| Filing 20 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [12]) to file under seal Volume 4 of the excerpts of record is granted. The Clerk will publicly file the motion (Docket Entry No. [12]-1), the opening brief (Docket Entry No. [ # 11 ]), and Volume 1 of the excerpts of record (Docket Entry No. [ # 15 ]). The Clerk will file under seal Volume 4 of the excerpts of record (Docket Entry No. [12]-2). Appellant filed a notice of intent to file publicly Volumes 2 and 3 of the excerpts of record, stating that appellee does not object. See 9th Cir. R. 27-13(f). The Clerk will unseal the notice (Docket Entry No. [13]-1) and file publicly Volumes 2 and 3 of the excerpts of record (Docket Entry Nos. [13]-2, [13]-3). The existing briefing schedule remains in effect. (MOATT) [12167207] (JMR) [Entered: 07/08/2021 03:48 PM] |
| Filing 19 Filed (ECF) notice of filing document ([13]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellant Donald Hamilton. Date of service: 06/09/2021. (Court-entered filing) [12167200] (JMR) [Entered: 07/08/2021 03:46 PM] |
| Filing 18 Filed Appellant Donald Hamilton motion to file excerpts of record UNDER SEAL. Deficiencies: None. Served on 06/09/2021. (Court-entered filing of motion submitted under seal at [12]) [12167197] (JMR) [Entered: 07/08/2021 03:46 PM] |
| Filing 17 Streamlined request [16] by Appellee USA to extend time to file the brief is approved. Amended briefing schedule: Appellee brief due 08/09/2021 for United States of America. The optional reply brief is due 21 days from the date of service of the answering brief. [12145336] (JN) [Entered: 06/15/2021 04:29 PM] |
| Filing 16 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 08/09/2021. [12145303] [21-10076] (Van Baren, Bruce) [Entered: 06/15/2021 04:16 PM] |
| Filing 15 Submitted (ECF) excerpts of record. Submitted by Appellant Donald Hamilton. Date of service: 06/10/2021. [12139799] [21-10076]--[COURT UPDATE: Attached corrected excerpts. 06/23/2021 by SML] (Yucevicius, Michael) [Entered: 06/10/2021 12:07 AM] |
| Filing 14 Filed (ECF) presentence report UNDER SEAL by Appellant Donald Hamilton. [12139796] [21-10076] (Yucevicius, Michael) [Entered: 06/09/2021 11:57 PM] |
| Filing 13 Filed (ECF) UNDER SEAL Appellant Donald Hamilton notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 06/09/2021. [12139795] [21-10076]--[COURT UPDATE: Attached corrected documents. 06/23/2021 by SML] (Yucevicius, Michael) [Entered: 06/09/2021 11:55 PM] |
| Filing 12 Filed (ECF) UNDER SEAL Appellant Donald Hamilton motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 06/09/2021. [12139793] [21-10076]--[COURT UPDATE: Attached corrected documents. 06/23/2021 by SML] (Yucevicius, Michael) [Entered: 06/09/2021 11:48 PM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellant Donald Hamilton. Date of service: 06/09/2021. [12139791] [21-10076]--[COURT UPDATE: Attached corrected brief. 06/23/2021 by SML] (Yucevicius, Michael) [Entered: 06/09/2021 11:44 PM] |
| Filing 10 Streamlined request [9] by Appellant Donald Hamilton to extend time to file the brief is approved. Amended briefing schedule: Appellant briefs and excerpts due by 06/09/2021 for Donald Hamilton. Appellee brief due 07/09/2021 for United States of America. The optional reply brief is due 21 days from the date of service of the answering brief. [12087360] (JN) [Entered: 04/26/2021 04:37 PM] |
| Filing 9 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Donald Hamilton. New requested due date is 06/09/2021. [12087297] [21-10076] (Yucevicius, Michael) [Entered: 04/26/2021 04:16 PM] |
| Filing 8 Criminal Justice Act electronic voucher created. (Counsel: Mr. Michael Yucevicius for Donald Hamilton, Donald Hamilton and Donald Hamilton) [12069435] (BJK) [Entered: 04/09/2021 12:53 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: KH): Appellants motion (Docket Entry No. [ # 6 ]) to withdraw the motion to withdraw as counsel and for appointment of substitute counsel is granted. The motion filed at Docket Entry No. [ # 5 ] is deemed withdrawn. The existing briefing schedule remains in effect. [12060566] (JMR) [Entered: 04/01/2021 10:39 AM] |
| Filing 6 Filed (ECF) Appellant Donald Hamilton Motion for miscellaneous relief [Motion to Withdraw Motion to Withdraw and for Appointment of Counsel (Docket Entry No. 5)]. Date of service: 03/29/2021. [12057218] [21-10076] (Yucevicius, Michael) [Entered: 03/29/2021 04:43 PM] |
| Filing 5 Filed (ECF) Appellant Donald Hamilton motion. Attorney(s) Attorney Mr. Michael Yucevicius for Appellant Donald Hamilton motion to withdraw as counsel, Motion for appointment of counsel. Date of service: 03/18/2021. [12046620] [21-10076]--[COURT UPDATE: Attached corrected PDF of motion. 03/18/2021 by QDL] (Yucevicius, Michael) [Entered: 03/18/2021 04:06 PM] |
| Filing 4 Added Attorney(s) Krissa Marie Lanham for party(s) Appellee USA, in case 21-10076. [12032405] (DJV) [Entered: 03/11/2021 01:03 PM] |
| Filing 3 Filed (ECF) notice of appearance of Krissa M. Lanham (U.S. Attorney's Office, Two Renaissance Square, 40 N. Central Ave., Suite 1800, Phoenix, Arizona 85004-4449) for Appellee USA. Date of service: 03/11/2021. (Party was previously proceeding with counsel.) [12032325] [21-10076] (Lanham, Krissa) [Entered: 03/11/2021 12:24 PM] |
| Filing 2 Terminated Donald J. Pashayan for USA in 21-10076 (due to incorrect ECF contact information) [12030958] (RY) [Entered: 03/10/2021 01:09 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: No. Sentence imposed: 97 Months. Appellant Donald Hamilton opening brief due 05/10/2021. Appellee United States of America answering brief due 06/07/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12030127] (JPD) [Entered: 03/09/2021 05:09 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
