United States of America v. Boothe
| UNITED STATES OF AMERICA |
| BRIANNE LEIGH BOOTHE |
| 23-544 |
| March 31, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 MANDATE ISSUED William C. CANBY, Consuelo M. CALLAHAN, John B. OWENS [Entered: 09/18/2023 12:24 PM] |
Filing 15
ORDER FILED. (William C. CANBY, Consuelo M. CALLAHAN, John B. OWENS) Appellees unopposed (Docket Entry No. 14) to vacate and remand for resentencing is granted. The record supports the parties assertion that the district court failed to recite the Guidelines range on the record prior to imposing the sentence. Thus, we vacate the judgment and remand for the district court to calculate the Guidelines range and resentence appellant. See Molina-Martinez v. United States, 578 U.S. 189, 198-99 (2016). In view of this disposition, we do not reach appellants remaining challenges to his sentence. The mandate will issue forthwith. VACATED and REMANDED for resentencing. [Entered: 09/18/2023 11:34 AM]
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| Filing 14 MOTION to Remand filed by Appellee United States of America. [Entered: 08/14/2023 03:23 PM] |
| Filing 13 Paper copies (6) of Opening Brief submitted at DE 8 by Appellant Brianne Leigh Boothe received. [Entered: 08/07/2023 01:59 PM] |
| Filing 12 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 9 by Appellant Brianne Leigh Boothe received. [Entered: 08/07/2023 01:57 PM] |
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Filing 11
ORDER FILED. Opening Brief submitted at DE 8 by Appellant Brianne Leigh Boothe 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 by Appellant Brianne Leigh Boothe are filed. 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: 08/01/2023 12:16 PM]
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| Filing 10 Presentence Report UNDER SEAL filed by Appellant Brianne Leigh Boothe. [Entered: 07/31/2023 01:20 PM] |
| Filing 9 EXCERPTS OF RECORD submitted for filing by Appellant Brianne Leigh Boothe. [Entered: 07/31/2023 01:16 PM] |
| Filing 8 OPENING BRIEF submitted for filing by Appellant Brianne Leigh Boothe. [Entered: 07/31/2023 01:07 PM] |
| Filing 7 TERMINATED participation of Counsel for Appellee Amy Elizabeth Potter representing Appellee United States of America. [Entered: 06/26/2023 11:33 AM] |
| Filing 6 ADDED Counsel for Appellee Suzanne Miles for Appellee United States of America. [Entered: 06/26/2023 11:32 AM] |
| Filing 5 NOTICE OF APPEARANCE by Suzanne Miles for Appellee United States of America replacing Amy Elizabeth Potter. [Entered: 06/26/2023 08:26 AM] |
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Filing 4
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 3) granted. Amended briefing schedule: Opening Brief Due 7/31/2023, Answering Brief Due 8/30/2023. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 06/23/2023 12:09 PM]
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| Filing 3 STREAMLINED request for extension of time to file opening brief for 30 days filed by Appellant Brianne Leigh Boothe. [Entered: 06/23/2023 11:30 AM] |
| Filing 2 SCHEDULE NOTICE. Sentence imposed: 15 Months. Appeal Transcript Order Due 4/21/2023, Appeal Transcript Due 5/22/2023, Appeal Opening Brief Due 6/30/2023, Appeal Answering Brief Due 7/31/2023. 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: 03/31/2023 12:04 PM] [Edited: 03/31/2023 12:07 PM] |
| 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 23-544 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: 03/31/2023 11:59 AM] |
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| Appellee: UNITED STATES OF AMERICA | |
| Represented By: | Mr. Gavin W. Bruce |
| Represented By: | Suzanne Miles |
| Represented By: | Amy Elizabeth Potter |
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| Appellant: BRIANNE LEIGH BOOTHE | |
| Represented By: | Mr. Kurt David Hermansen |
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