United States of America v. Puig Valdes
| UNITED STATES OF AMERICA |
| YASIEL PUIG VALDES |
| 23-3214 |
| November 1, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 10 REPLY to Response to Motion to Expedite (DE 9) filed by Appellant United States of America, Appellee Yasiel Puig Valdes. [Entered: 11/14/2023 11:54 PM] |
| Filing 9 RESPONSE to Motion to Expedite (DE 3) filed by Appellant United States of America. [Entered: 11/13/2023 10:00 PM] |
| Filing 8 ADDED Counsel for Appellant Rajesh Ram Srinivasan [Entered: 11/09/2023 03:02 PM] |
| Filing 7 NOTICE OF APPEARANCE by Rajesh Ram Srinivasan for Appellant United States of America. [Entered: 11/09/2023 11:24 AM] |
Filing 6
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. In light of appellants certification under 18 U.S.C. 3731, filed in the district court, this court discharges the order to show cause issued on November 7, 2023. See United States v. Eccles, 850 F.2d 1357, 1359 (9th Cir. 1988) ([D]elayed filing of a section 3731 certificate, although disfavored, does not destroy appellate jurisdiction.). The court has received appellees November 7, 2023, emergency motion (Docket Entry No. 3) to expedite the briefing and hearing of this appeal. Appellees emergency motion (Docket Entry No. 4) to expedite the governments response to that motion is granted in part. The governments response to the motion to expedite at Docket Entry No. 3 is due on Monday, November 13, 2023. Appellees optional reply is due on Tuesday, November 14, 2023. [Entered: 11/08/2023 02:05 PM]
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Filing 5
ORDER FILED. A review of the record suggests that this court may lack jurisdiction over this appeal challenging the district courts orders dated August 10, 2023, and October 5, 2023, because the United States Attorney has not personally certifie[d] to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. 18 U.S.C. 3731; see also United States v. W.R. Grace, 526 F.3d 499, 505-06 (9th Cir. 2008) (en banc). Within 21 days of this order, appellant must move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, appellee may file a response within 10 days after service of appellants memorandum. If appellant does not comply with this order, the appeal may be dismissed without further notice to appellant. See 9th Cir. R. 42-1. Briefing is suspended pending further order of the court. [Entered: 11/07/2023 09:49 AM]
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| Filing 4 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellee Yasiel Puig Valdes. [Entered: 11/06/2023 08:57 PM] |
| Filing 3 MOTION to Expedite filed by Appellee Yasiel Puig Valdes. [Entered: 11/06/2023 08:54 PM] |
| Filing 2 SCHEDULE NOTICE. Sentence Imposed: [INSERT]. Appeal Transcript Order Due (Appellant) due 11/15/2023, Appeal Transcript Due (Appellant) due 12/15/2023, Appeal Opening Brief Due (Appellant) due 1/24/2024, Appeal Answering Brief Due (Appellee) due 2/23/2024. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule may result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [Entered: 11/01/2023 01:41 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:22-cr-00394-DMG-1 has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 23-3214 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 11/01/2023 01:38 PM] |
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