United States of America v. Thomas
Appellee: UNITED STATES OF AMERICA
Appellant: STEVEN ASIR THOMAS
Case Number: 23-455
Filed: March 21, 2023
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
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Docket Report

This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2023 Filing 24 MANDATE ISSUED A. Wallace TASHIMA, Sidney R. THOMAS, Danielle J. FORREST [Entered: 09/11/2023 09:56 AM]
August 18, 2023 Opinion or Order Filing 23 ORDER FILED. (A. Wallace TASHIMA, Sidney R. THOMAS, Danielle J. FORREST) Appellees (Docket Entry No. 15) 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 arguments, the district court gave appropriate consideration to all of his arguments, including his argument about the allegedly erroneous deprivation of good time credits. It did not abuse its discretion in concluding that none of the circumstances cited by appellant was an extraordinary and compelling reason to grant compassionate release. See United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021). To the extent appellant argues that the district court should have considered his claim that the conditions of his confinement are harsher because of the inclusion of certain information in his presentence report, the record reflects that appellant did not raise this argument before the district court. See Cacoperdo v. Demosthenes, 37 F.3d 504, 508 (9th Cir. 1994) (a claim for relief is not properly raised before the district court if it is not made in the principal motion). However, appellant remains free to file a new compassionate release motion raising this claim. AFFIRMED. [Entered: 08/18/2023 03:45 PM]
July 10, 2023 Filing 22 REPLY to Response to Motion for Summary Disposition (DE 19) filed by Appellee United States of America. [Entered: 07/10/2023 04:50 PM]
July 10, 2023 Filing 21 Paper copies (6) of Opening Brief submitted at DE 9 by Appellant Steven Asir Thomas received. [Entered: 07/10/2023 12:40 PM]
July 10, 2023 Filing 20 Paper copies (3) of Excerpts of Record in 3 Volume(s) and Index Volume submitted at DE 10 and 14 by Appellant Steven Asir Thomas received. Volume 3 is filed UNDER SEAL. [Entered: 07/10/2023 12:33 PM]
July 7, 2023 Filing 19 RESPONSE to Motion for Summary Disposition (DE 15) filed by Appellant Steven Asir Thomas. [Entered: 07/07/2023 02:36 PM]
June 29, 2023 Opinion or Order Filing 18 ORDER FILED. Opening Brief submitted at DE 9 by Appellant Steven Asir Thomas is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 9 and 14 by Appellant Steven Asir Thomas are filed. Volume 3 filed UNDER SEAL. Within 7 days of this order, Appellant must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 06/29/2023 03:46 PM]
June 29, 2023 Opinion or Order Filing 17 ORDER FILED. Before: Lisa B. Fitzgerald, Appellate Commissioner. Appellants motion (Docket Entry No. 11) to seal Volume 3 of the excerpts of record is granted. The Clerk will file publicly the motion to seal and certificate of service (Docket Entry Nos. 11.1 & 11.3), the opening brief (Docket Entry No. 9), and Volumes 1 and 2 of the excerpts of record (Docket Entry No. 10). The Clerk will maintain Volume 3 of the excerpts of record under seal at Docket Entry No. 14. Appellees motion for summary affirmance will be decided by separate order. The briefing schedule is stayed pending resolution of appellees motion. [Entered: 06/29/2023 02:43 PM]
June 29, 2023 Filing 16 MOTION to file document under seal and proposed sealed document filed by Appellant Steven Asir Thomas. (Court-entered filing of motion submitted under seal at DE 11) COURT UPDATE: Updated docket text. Resent nda. [Entered: 06/29/2023 02:35 PM] [Edited: 06/29/2023 02:47 PM]
June 27, 2023 Filing 15 MOTION for summary disposition filed by Appellee United States of America. [Entered: 06/27/2023 03:18 PM]
June 7, 2023 Filing 14 EXCERPTS OF RECORD Volume 3 UNDER SEAL submitted for filing by Appellant Steven Asir Thomas. (court entered filing of excerpts orginally submitted at DE 11) [Entered: 06/09/2023 02:46 PM]
June 7, 2023 Filing 13 Presentence Report UNDER SEAL filed by Appellant Steven Asir Thomas.--[COURT UPDATE: backdated entry to reflect original filed date.] [Entered: 06/08/2023 11:58 AM] [Edited: 06/09/2023 02:37 PM]
June 7, 2023 Filing 12 DEFECTIVE --- NOTICE of filing document under seal and sealed document filed by Appellant Steven Asir Thomas.(incorrect entry, correct entry at DE 13) [Entered: 06/07/2023 05:11 PM] [Edited: 06/09/2023 12:05 PM]
June 7, 2023 Filing 11 MOTION to file document under seal and proposed sealed document filed by Appellant Steven Asir Thomas.--[COURT UPDATE: attached corrected PDF of certificate of service] [Entered: 06/07/2023 04:43 PM] [Edited: 06/09/2023 12:03 PM]
June 7, 2023 Filing 10 EXCERPTS OF RECORD submitted for filing by Appellant Steven Asir Thomas. [Entered: 06/07/2023 04:36 PM] [Edited: 06/09/2023 01:41 PM]
June 7, 2023 Filing 9 OPENING BRIEF submitted for filing by Appellant Steven Asir Thomas.--[COURT UPDATE: attached corrected PDF of opening brief.] [Entered: 06/07/2023 04:33 PM] [Edited: 06/09/2023 12:08 PM]
May 3, 2023 Filing 8 TERMINATED participation of Counsel for Appellant Christopher Robert Black representing Appellant Steven Asir Thomas. [Entered: 05/03/2023 01:32 PM]
May 3, 2023 Filing 7 ADDED Counsel for Appellant Harry Williams for Appellant Steven Asir Thomas. [Entered: 05/03/2023 01:30 PM]
May 3, 2023 Opinion or Order Filing 6 ORDER FILED. Before: Lisa B. Fitzgerald, Appellate Commissioner. The motion (Docket Entry No. 5) of appellants appointed counsel Christopher R. Black to withdraw as counsel of record is granted. Because the appointing authority for the Western District of Washington has appointed Harry Williams, Law Office of Harry Williams LLC, P.O. Box 22438, Seattle, WA 98122, 206-451-7195, harry@harrywilliamslaw.com, the Clerk will restore counsel Williams to the docket. The existing briefing schedule remains in effect. The Clerk will serve this order on former counsel Black and appellant individually: Reg. No. 43725-086, FCI Yazoo City Low, Federal Correctional Institution, P.O. Box 5000, Yazoo City, MS 39194. [Entered: 05/03/2023 01:28 PM]
April 27, 2023 Filing 5 MOTION to withdraw as counsel filed by Christopher Robert Black for Appellant Steven Asir Thomas. [Entered: 04/27/2023 08:48 AM]
April 10, 2023 Filing 4 TERMINATED participation of Counsel for Appellant Harry Williams representing Appellant Steven Asir Thomas. [Entered: 04/10/2023 09:15 AM]
April 10, 2023 Filing 3 ADDED Counsel for Appellant Christopher Robert Black for Appellant Steven Asir Thomas. [Entered: 04/10/2023 09:14 AM]
March 22, 2023 Filing 2 SCHEDULE NOTICE. Sentence imposed: [12 years]. Appeal Opening Brief Due 6/15/2023, Appeal Answering Brief Due 7/17/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner to comply with this briefing schedule may result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [Entered: 03/22/2023 09:01 AM]
March 21, 2023 Filing 1 CASE OPENED. A copy of your notice of appeal / petition 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 23-455 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: 03/21/2023 03:29 PM]

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Appellee: UNITED STATES OF AMERICA
Represented By: Mr. Nicholas A. Manheim
Represented By: Ms. Teal Luthy Miller
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Appellant: STEVEN ASIR THOMAS
Represented By: Harry Williams
Represented By: Mr. Christopher Robert Black
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