United States of America v. Sui
| UNITED STATES OF AMERICA |
| YAN SUI |
| 24-6142 |
| October 9, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 10, 2024. A more recent docket listing may be available from PACER.
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| Filing 4 District Court Order/Notice Received: ORDER RE: DEFENDANTS NOTICE OF APPEAL (DKT. 75) [Entered: 10/10/2024 02:20 PM] |
Filing 3
ORDER FILED. A review of the record suggests that this court may lack jurisdiction over the appeal because the district courts September 26, 2024, order is not appealable as a final judgment or an order that comes within the collateral order doctrine. See 28 U.S.C. 1291; Midland Asphalt Corp. v. United States, 489 U.S. 794, 798 (1989) (in criminal cases, finality requirement generally prohibits appellate review until after conviction and imposition of sentence). Within 21 days, appellant pro se must move for voluntary dismissal of the appeal or file a statement explaining why it should not be dismissed for lack of jurisdiction. If appellant elects to file a statement, appellee may file a response within 10 days after service of appellants statement. If appellant does not comply with this order, the appeal will be dismissed for failure to prosecute. See 9th Cir. R. 42-1. Briefing is suspended pending further order of the court. [Entered: 10/10/2024 01:30 PM]
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| Filing 2 SCHEDULE NOTICE. Sentence Imposed: [INSERT]. Appeal Opening Brief (No Transcript Due) (Appellant) 11/18/2024, Appeal Answering Brief (No Transcript Due) (Appellee) 12/18/2024. For appeal no. 24-6142, 2:24-cr-00498-JAK-1. 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: 10/09/2024 10:02 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cr-00498-JAK-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 24-6142 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: 10/09/2024 09:59 AM] |
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| Defendant: YAN SUI | |
| Represented By: | Yan Sui |
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| Plaintiff: UNITED STATES OF AMERICA | |
| Represented By: | David Ransom Friedman |
| Represented By: | Matt Coe-Odess |
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