United States of America v. Spurlock
| UNITED STATES OF AMERICA |
| CORY SPURLOCK |
| 25-3877 |
| June 23, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 16
ORDER FILED. (Barry G. SILVERMAN, Kenneth K. LEE, Lawrence VANDYKE) In this appeal from the district courts order granting reconsideration and continuing pretrial detention, we have jurisdiction under 18 U.S.C. 3145(c) and 28 U.S.C. 1291, and we affirm. Appellant argues that the district court erred in granting reconsideration of its prior release order because his continued detention violates due process. We review appellants due process claim de novo, considering: (1) the length of the defendants pretrial detention; (2) the prosecutions contribution to the delay; and (3) the evidence supporting detention under the Bail Reform Act. United States v. Torres, 995 F.3d 695, 708 (9th Cir. 2021). We agree with the district court that the governments decision to dismiss its interlocutory appeal provided grounds for reconsideration, given that the delay occasioned by the governments appeal was central to the district courts release order. Moreover, notwithstanding the length of time appellant has already spent in custody, we agree that the factors favor continued detention through the trial, which is scheduled to begin in approximately one week. Accordingly, we affirm the district courts order granting reconsideration and continuing appellants pretrial detention. The unopposed motion (Docket Entry No. 5) to file under seal Appendix G to the 9(a) memorandum is granted. The clerk will file publicly the motion to seal (Docket Entry No. 5.2) and the 9(a) memorandum and Appendices A-F (Docket Entry No. 4.1). The clerk will maintain under seal Appendix G at Docket Entry No. 4.2 and 5.1. AFFIRMED. [Entered: 07/31/2025 09:15 AM]
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| Filing 15 REPLY to (DE [-]) filed by Appellant Cory Spurlock. [Court entered filing to correct DE 14.] [Entered: 07/24/2025 10:59 AM] [Edited: 07/24/2025 11:03 AM] |
| Filing 14 DEFECTIVE - REPLY BRIEF submitted for filing by Appellant Cory Spurlock. [Wrong filing type used, corrected in DE 15.] [Entered: 07/22/2025 01:24 PM] [Edited: 07/24/2025 11:05 AM] |
| Filing 13 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee United States of America.--[Wrong filing type, attached to DE 12] [Entered: 07/17/2025 04:09 PM] [Edited: 07/18/2025 08:20 AM] |
| Filing 12 RESPONSE to 9(a) Memorandum (DE 4) filed by Appellee United States of America.--[Court Update: Attach exhibits, incorrectly filed as excerpts at DE 13] [Entered: 07/17/2025 04:05 PM] [Edited: 07/18/2025 08:19 AM] |
| Filing 11 ADDED Counsel for Appellee Mina Chang [Entered: 07/17/2025 03:13 PM] |
| Filing 10 NOTICE OF APPEARANCE by Mina Chang for Appellee United States of America. [Entered: 07/17/2025 01:31 PM] |
| Filing 9 ADDED Counsel for Appellant JoNell Thomas [Entered: 07/07/2025 05:06 PM] |
| Filing 8 Presentence Report UNDER SEAL filed by Appellant Cory Spurlock. [Entered: 07/07/2025 05:04 PM] |
| Filing 7 ADDED Counsel for Appellee Penelope J. Brady [Entered: 07/07/2025 05:03 PM] |
| Filing 6 NOTICE OF APPEARANCE by Penelope J. Brady for Appellee United States of America. [Entered: 07/07/2025 04:38 PM] |
| Filing 5 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Cory Spurlock.--[COURT UPDATE: Corrected PDFs attached as of 7/14/2025, REPLACING original attachments] (Unseal DE 5.2 per 07/31/2025) [Entered: 07/07/2025 04:33 PM] [Edited: 07/31/2025 09:19 AM] |
| Filing 4 9(a) Memorandum filed by Appellant Cory Spurlock. (Court attached PDF of sealed appendix originally submitted at DE 5) [Entered: 07/07/2025 04:29 PM] [Edited: 07/14/2025 01:16 PM] |
| Filing 3 NOTICE OF APPEARANCE by JoNell Thomas for Appellant Cory Spurlock. [Entered: 07/07/2025 04:13 PM] |
| Filing 2 SCHEDULE NOTICE. 9(a) Memorandum Due (Appellant) 7/7/2025. Response to Fed. R. App. P. 9(a) memorandum due 10 days after service of the 9(a) memorandum. The optional reply may be filed within 7 days of service of the response. See 9th Cir. R. 9-1.1. 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: 06/23/2025 10:22 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cr-00022-MMD-CLB-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 25-3877 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: 06/23/2025 10:19 AM] |
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