United States of America v. Matta-Lopez
| UNITED STATES OF AMERICA |
| JUAN RAMON MATTA-LOPEZ, El Negro and Juan Ramon Matta-Ballesteros |
| 25-3403 |
| May 29, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 30, 2025. A more recent docket listing may be available from PACER.
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Filing 44
MANDATE ISSUED Johnnie B. RAWLINSON, Lucy H. KOH, Sidney A. Fitzwater. The judgment of this Court, entered 9/2/2025, takes effect this date. [25-3402, 25-3403] [Entered: 10/30/2025 08:09 AM]
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Filing 43
ORDER FILED. Johnnie B. RAWLINSON, Lucy H. KOH, Sidney A. Fitzwater. The panel voted to deny the Petition for Panel Rehearing. Judges Rawlinson and Koh voted to deny, and Judge Fitzwater recommended denying, the Petition for Rehearing En Banc. The full court has been advised of the Petition for Rehearing En Banc, and no judge of the court has requested a vote. Defendant-Appellees Petition for Rehearing and Request for Rehearing En Banc, filed September 23, 2025, is DENIED. [25-3402, 25-3403] [Entered: 10/22/2025 09:01 AM]
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Filing 42
ORDER FILED. Johnnie B. RAWLINSON, Lucy H. KOH, Sidney A. Fitzwater Appellees Unopposed Motion to Permit Late Filing of Petition for Rehearing and Rehearing En Banc, filed September 24, 2025, is GRANTED. [25-3402, 25-3403] [Entered: 09/29/2025 04:16 PM]
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Filing 41
MOTION to Accept Late Filing filed by Appellee Juan Ramon Matta-Lopez. [25-3403, 25-3402] [Entered: 09/24/2025 12:00 PM]
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Filing 40
DEFECTIVE --- SUPPLEMENT to Petition for Panel Rehearing and Petition for Rehearing En Banc (DE 39) filed by Appellee Juan Ramon Matta-Lopez. [COURT UPDATE: PDF attached to DE 39 in 25-3402] [25-3403, 25-3402] [Entered: 09/23/2025 08:25 PM] [Edited: 09/24/2025 11:02 AM]
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Filing 39
PETITION FOR PANEL REHEARING and PETITION FOR REHEARING EN BANC filed by Appellee Juan Ramon Matta-Lopez. [COURT UPDATE: Attached PDF from DE 40 in 25-3402. DEFICIENT: Petition is late. Motion is required. Petition not circulated; panel to instruct Clerk's Office if petition should be circulated.] [25-3403, 25-3402] [Entered: 09/23/2025 08:23 PM] [Edited: 09/24/2025 11:01 AM]
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Filing 38
MEMORANDUM DISPOSITION (Johnnie B. RAWLINSON, Lucy H. KOH, Sidney A. Fitzwater) REVERSED. FILED AND ENTERED JUDGMENT. [25-3402, 25-3403] [Entered: 09/02/2025 09:57 AM]
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Filing 37
ARGUED AND SUBMITTED to Johnnie B. RAWLINSON, Lucy H. KOH, Sidney A. Fitzwater. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [25-3402, 25-3403] [Entered: 08/14/2025 02:40 PM]
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Filing 36
Paper copies (6) of Reply Brief submitted at DE 32 by Appellant United States of America received. (sent to panel) [25-3402, 25-3403] [Entered: 08/08/2025 11:09 AM]
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Filing 35
Paper copies (6) of Answering Brief submitted at DE 22 by Appellee Juan Ramon Matta-Lopez received. (sent to panel)[25-3402, 25-3403] [Entered: 08/06/2025 04:26 PM]
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Filing 34
Paper copies (3) of Excerpts of Record in 2 Volumes (Vol 2 UNDER SEAL) and Index Volume submitted at DE 22 by Appellee Juan Ramon Matta-Lopez received. (sent to panel) [25-3402, 25-3403] [Entered: 08/06/2025 04:23 PM]
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Filing 33
ORDER FILED. Reply Brief submitted at DE 32 by Appellant United States of America is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [25-3402, 25-3403] [Entered: 08/06/2025 02:01 PM]
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Filing 32
REPLY BRIEF submitted for filing by Appellant United States of America. [25-3402, 25-3403] [Entered: 08/05/2025 06:32 PM]
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Filing 31
ORDER FILED. Answering Brief submitted at DE 22 by Appellee Juan Ramon Matta-Lopez is filed. Within 7 days of this order, Appellee must file 6 copies of the brief in paper format bound with red 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 23 and DE 27 by Appellee Juan Ramon Matta-Lopez are filed. Volume 2 is filed UNDER SEAL. Within 7 days of this order, Appellee 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. [25-3402, 25-3403] [Entered: 07/31/2025 01:41 PM]
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Filing 30
ACKNOWLEDGMENT of hearing notice filed by Mark Windsor for Appellee Juan Ramon Matta-Lopez. Hearing in San Francisco - Courtroom 1 in San Francisco, on 8/14/2025 9:30:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-3403, 25-3402] [Court edit to correct argument date and time] [Entered: 07/31/2025 10:50 AM] [Edited: 07/31/2025 11:02 AM]
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Filing 29
ORDER FILED. Appellees Motion to File Supplemental Excerpts of Record Volume II Under Seal, filed July 29, 2025, is GRANTED. [25-3402, 25-3403] [Entered: 07/31/2025 10:21 AM]
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Filing 28
AUTHORIZATION for CJA attorney Mark Windsor to travel to San Francisco to attend oral argument. See attached letter for details. [25-3402, 25-3403] [Entered: 07/31/2025 09:03 AM]
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Filing 26
DEFECTIVE --- SUPPLEMENT to Motion to File Document Under Seal and Sealed Document Submitted for Filing (DE 24) filed by Appellee Juan Ramon Matta-Lopez. [25-3403, 25-3402] (Wrong filing type, correct entry at DE 24) [Entered: 07/30/2025 03:42 PM] [Edited: 07/30/2025 04:30 PM]
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Filing 25
ACKNOWLEDGMENT of hearing notice filed by Amy E. Pomerantz for Appellant United States of America. Hearing in San Francisco - Courtroom 1 in San Francisco, on 8/14/2025 9:30 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Court edit to correct argument date] [25-3402, 25-3403] [Entered: 07/30/2025 11:43 AM] [Edited: 07/30/2025 12:09 PM]
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Filing 27
EXCERPTS OF RECORD Vol 2 UNDER SEAL submitted for filing by Appellee Juan Ramon Matta-Lopez. [25-3402, 25-3403] (Court entered filing of sealed vol 2 submitted at DE 24) [Entered: 07/30/2025 04:37 PM]
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Filing 24
MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellee Juan Ramon Matta-Lopez. [25-3403, 25-3402]--[COURT UPDATE: Certificate of Service attached as of 7/30/2025 (originally submitted in DE 26)] [Entered: 07/29/2025 11:42 PM] [Edited: 07/30/2025 04:29 PM]
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Filing 23
EXCERPTS OF RECORD submitted for filing by Appellee Juan Ramon Matta-Lopez. [25-3403, 25-3402] [Entered: 07/29/2025 11:37 PM]
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Filing 22
ANSWERING BRIEF submitted for filing by Appellee Juan Ramon Matta-Lopez. [25-3403, 25-3402] [Entered: 07/29/2025 11:32 PM]
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Filing 21
Paper copies (6) of Opening Brief submitted at DE 18 by Appellant United States of America received. (sent to panel)[25-3402, 25-3403] [Entered: 07/29/2025 09:49 AM]
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Filing 20
Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 17 by Appellant United States of America received. (sent to panel)--[COURT UPDATE: sent to panel] [Entered: 07/29/2025 09:46 AM] [Edited: 07/29/2025 09:52 AM]
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Filing 19
ORDER FILED. Opening Brief submitted at DE 18 by Appellant United States of America 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 18 by Appellant United States of America 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. [25-3402, 25-3403] [Entered: 07/23/2025 03:36 PM]
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Filing 18
OPENING BRIEF submitted for filing by Appellant United States of America. [25-3402, 25-3403] [Entered: 07/22/2025 02:59 PM]
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Filing 17
Presentence Report UNDER SEAL filed by Appellant United States of America. [25-3402, 25-3403] [Entered: 07/22/2025 03:01 PM]
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Filing 16
EXCERPTS OF RECORD submitted for filing by Appellant United States of America. [25-3402, 25-3403] [Entered: 07/22/2025 03:00 PM]
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Filing 15
NOTICE OF ORAL ARGUMENT on Thursday, August 14, 2025 - 09:30 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-3402, 25-3403] [Entered: 07/09/2025 05:01 PM]
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Filing 14
ORDER FILED. Barry G. SILVERMAN, Kenneth K. LEE The emergency motion (Docket Entry Nos. 7 and 8) for a stay pending appeal is granted. See Nken v. Holder, 556 U.S. 418, 426 (2009). This appeal is expedited. The opening brief is due July 22, 2025. The answering brief is due July 29, 2025. The optional reply brief is due August 5, 2025. No streamlined extensions of time to file a brief will be approved. See 9th Cir. R. 31-2.2(a)(1). No written motions for extensions of time under Ninth Circuit Rule 31-2.2(b) will be granted absent extraordinary and compelling circumstances. The clerk will place this case on the calendar for August 2025. See 9th Cir. Gen Ord. 3.3(g). [25-3402, 25-3403] [Entered: 07/07/2025 04:10 PM]
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Filing 13
SUPPLEMENT to [-] (DE [-]) filed by Appellee Juan Ramon Matta-Lopez. [25-3402, 25-3403] [Entered: 07/02/2025 05:38 PM]
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Filing 12
REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 11) filed by Appellant United States of America. [25-3403, 25-3402] [Entered: 07/02/2025 04:11 PM]
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Filing 11
RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 8) filed by Appellee Juan Ramon Matta-Lopez. [25-3402, 25-3403] [Entered: 07/01/2025 12:13 AM]
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Filing 10
SUBSTITUTED Chief, Criminal Appeals, US Attorneys Office, CDCA, for David Friedman. [Entered: 06/30/2025 09:07 PM]
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Filing 9
ORDER FILED. The court has received appellants emergency motion for a stay of the district courts release order. The response to the emergency motion is due Monday, June 30, 2025. The optional reply is due Wednesday, July 2, 2025. [25-3402, 25-3403] [Entered: 06/25/2025 01:34 PM]
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Filing 8
MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant United States of America. [Court entered filing, PDF from DE 7] [25-3402, 25-3403] [Entered: 06/24/2025 02:54 PM]
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Filing 7
Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant United States of America. [25-3402, 25-3403] [Entered: 06/24/2025 01:53 PM]
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Filing 6
ADDED Counsel for Appellant Amy E. Pomerantz [25-3402, 25-3403] [Entered: 06/24/2025 01:40 PM]
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Filing 5
NOTICE OF APPEARANCE by Amy E. Pomerantz for Appellant United States of America. [25-3402, 25-3403] [Entered: 06/24/2025 01:25 PM]
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Filing 4
NOTICE OF APPEARANCE by Amy E. Pomerantz for Appellant United States of America. [25-3403, 25-3402] [Entered: 06/24/2025 01:26 PM]
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Filing 3
ORDER FILED. The court consolidates Appeal Nos. 25-3402 and 25-3403. The parties must include all case numbers on future filings. The existing briefing schedule in Appeal No. 25-3403 will govern these consolidated appeals. [25-3402, 25-3403] [Entered: 06/11/2025 03:22 PM]
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Filing 2
SCHEDULE NOTICE. Sentence Imposed: N/A. Appeal Transcript Order Due (Appellant) 6/11/2025, Appeal Transcript Due (Appellant) 7/11/2025, Appeal Opening Brief Due (Appellant) 8/20/2025, Appeal Answering Brief Due (Appellee) 9/19/2025. For appeal no. 25-3403, 2:88-cr-00129-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: 05/29/2025 09:47 AM]
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Filing 1
CASE OPENED. A copy of your notice of appeal / petition filed in 2:88-cr-00129-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 25-3403 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: 05/29/2025 09:45 AM]
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