USA v. Eduardo Arriaga
| UNITED STATES OF AMERICA |
| EDUARDO ARRIAGA, AKA Moreno |
| 22-15482 |
| April 4, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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| Filing 5 Filed clerk order (Deputy Clerk: KB): On April 21, 2022, the district court denied the motion to alter or amend judgment. The stay of proceedings in this court (Docket Entry No. [ # 4 ]) is therefore lifted and this appeal will move forward. This court will rule on the request for a certificate of appealability and any pending motions in a later order. To challenge the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). [12431043] (OC) [Entered: 04/26/2022 10:28 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: KMB):This appeal was filed while a timely Fed. R. App. P. 4(a)(4) motion was pending in the district court. The notice of appeal is therefore ineffective, see Fed. R. App. P. 4(a)(4), and proceedings in this court will be stayed until the district court decides the December 13, 2021 motion (supplemented by appellants December 23, 2021 memorandum). See Leader Natl Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444 (9th Cir. 1994). Within 21 days after the district courts decision, appellant must notify this court in writing of the decision and state whether he wishes to move forward with this appeal. To challenge the decision on the post-judgment motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). A copy of this order will be sent to the district court. [12413420] (JMR) [Entered: 04/05/2022 04:32 PM] |
| Filing 3 Added Attorney(s) Matthew Martin Yelovich for party(s) Appellee USA, in case 22-15482. [12412966] (NAC) [Entered: 04/05/2022 12:25 PM] |
| Filing 2 Filed (ECF) notice of appearance of Matthew Martin Yelovich (U.S. Attorney's Office,450 Golden Gate Avenue, 11th Floor, San Francisco, CA 94102) for Appellee USA. Date of service: 04/05/2022. (Party was previously proceeding with counsel.) [12412965] [22-15482] (Yelovich, Matthew) [Entered: 04/05/2022 12:17 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 11/17/2021. Record on appeal included: Yes. [12412261] (OC) [Entered: 04/04/2022 03:32 PM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Stephen Meyer |
| Represented By: | Matthew Martin Yelovich |
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| Defendant / appellant: EDUARDO ARRIAGA, AKA Moreno | |
| Represented By: | Eduardo Arriaga |
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