United States of America v. Asay
| UNITED STATES OF AMERICA |
| MARCUS ASAY |
| 25-2582 |
| April 22, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 19, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 19 TEXT ORDER FILED. The motion (Docket Entry No. 18) for an extension of time to file the opening brief is granted. The opening brief is due December 5, 2025. The answering brief is due January 5, 2026. The optional reply brief is due 21 days after the answering brief is served. [Entered: 09/19/2025 10:08 AM] |
| Filing 18 MOTION to Extend Time to File Brief filed by Appellant Marcus Asay. [Entered: 09/17/2025 05:32 PM] |
| Filing 17 REPLY to Response to Motion for Injunctive Relief (DE 12) filed by Appellant Marcus Asay. [Court entered filing to correct DE 15] [Entered: 07/29/2025 09:21 AM] |
Filing 16
ORDER FILED. Kenneth K. LEE, Lawrence VANDYKE. The motion (Docket Entry No. 8) for bail pending appeal is denied. Appellant has not shown that the appeal raises a substantial question of law or fact that is fairly debatable, and that if that question is decided in defendants favor, the likely result is either reversal, a new trial, a non-custodial sentence, or a sentence shorter than the expected duration of the appeal. See 18 U.S.C. 3143(b); United States v. Handy, 761 F.2d 1279, 1283 (9th Cir. 1985). The motion for reconsideration (Docket Entry No. 11) is denied as moot. The existing briefing schedule remains in effect. [Entered: 07/28/2025 07:17 PM]
|
| Filing 15 DEFECTIVE --- Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Marcus Asay. [Wrong filing type used, corrected in DE 17] [Entered: 07/28/2025 05:30 PM] [Edited: 07/29/2025 09:22 AM] |
|
Filing 14
ORDER FILED. The court is in receipt of appellants motion (Docket Entry No. 11) to reconsider the order denying a temporary stay of appellants self-surrender date, and appellees response (Docket Entry No. 12) to appellants motion for bail pending appeal. Appellants optional reply to appellees response is due by 5:00 p.m. Pacific Time today, July 28, 2025. The motions for reconsideration and for bail pending appeal will be decided by separate order. [Entered: 07/28/2025 09:03 AM]
|
| Filing 13 Presentence Report UNDER SEAL filed by Appellee United States of America. [Entered: 07/25/2025 05:05 PM] |
| Filing 12 RESPONSE to Motion for Injunctive Relief (DE 8) filed by Appellee United States of America. [Entered: 07/25/2025 05:01 PM] |
| Filing 11 MOTION to Reconsider Nondispositive Order filed by Appellant Marcus Asay. [Court entered filing to correct DE 10] [Entered: 07/25/2025 04:24 PM] |
| Filing 10 DEFECTIVE --- Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Marcus Asay. [Wrong filing type used, corrected in DE 11] [Entered: 07/25/2025 02:50 PM] [Edited: 07/25/2025 04:25 PM] |
|
Filing 9
ORDER FILED. Kenneth K. LEE, Lawrence VANDYKE The motion (Docket Entry No. 8) for a temporary stay of appellants self-surrender date pending this courts decision on appellants motion for bail pending appeal is denied. See Nken v. Holder, 556 U.S. 418, 433-34 (2009). Appellants motion for bail pending appeal will be decided by separate order. Appellees opposition to appellants bail motion is due July 31, 2025, and appellants optional reply is due August 7, 2025. [Entered: 07/24/2025 07:02 PM]
|
| Filing 8 MOTION for Injunctive Relief filed by Appellant Marcus Asay. [Entered: 07/21/2025 03:29 PM] |
|
Filing 7
ORDER FILED. (TEXT ONLY) The motion (Docket Entry No. 4) for an extension of time to file the opening brief is granted. The opening brief is due September 23, 2025. The answering brief is due October 23, 2025. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 07/16/2025 12:46 PM]
|
| Filing 6 TERMINATED participation of Counsel for Appellee Alexandre Mikhail Dempsey, representing Appellee United States of America. [Entered: 07/15/2025 11:00 AM] |
| Filing 5 NOTICE of Withdrawal as Counsel filed by Michael Gordon Tierney. Counsel withdrawing on behalf of other attorney(s): Yes [Mr. Alexandre Mikhail Dempsey]. Party proceeding without counsel: No. [-]. [Entered: 07/15/2025 10:49 AM] |
| Filing 4 MOTION to Extend Time to File Brief filed by Appellant Marcus Asay. [Entered: 07/14/2025 02:19 PM] |
| Filing 3 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee United States of America. [Entered: 05/02/2025 11:15 AM] |
| Filing 2 SCHEDULE NOTICE. Sentence Imposed: [N/A]. Appeal Transcript Order Due (Appellant) 5/6/2025, Appeal Transcript Due (Appellant) 6/5/2025, Appeal Opening Brief Due (Appellant) 7/15/2025, Appeal Answering Brief Due (Appellee) 8/14/2025. For appeal no. 25-2582, 1:19-cr-00003-DAD-2. 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: 04/22/2025 12:06 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:19-cr-00003-DAD-2 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 25-2582 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/22/2025 12:02 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
| Search for this case: United States of America v. Asay | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: UNITED STATES OF AMERICA | |
| Represented By: | Stephanie Stokman |
| Represented By: | Michael Gordon Tierney |
| Represented By: | Joseph Barton |
| Represented By: | Mr. Alexandre Mikhail Dempsey, ASUSAT |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: MARCUS ASAY | |
| Represented By: | Anthony P. Capozzi |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
