United States of America v. Gray
| UNITED STATES OF AMERICA |
| ANDREW STEVEN GRAY and Stryder D Austin |
| 25-6599 |
| October 20, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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This docket was last retrieved on April 8, 2026. A more recent docket listing may be available from PACER.
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| Filing 28 RESPONSE to notice of case being considered for oral argument filed by Michael William Dion. [Entered: 04/08/2026 08:21 AM] |
| Filing 27 NOTICE: This case is being considered for an upcoming oral argument calendar in Seattle. Please review the Seattle sitting dates for August 2026 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-6599] [Entered: 04/06/2026 04:22 PM] |
| Filing 26 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 17, DE 18, DE 21 by Appellee United States of America are filed. Volume 2 is filed UNDER SEAL. No paper copies are required. [Entered: 03/11/2026 09:56 AM] |
Filing 25
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The unopposed motion (Docket Entry No. 20) to file under seal the motion to seal and Volume 2 of the supplemental excerpts of record is granted. The clerk will file publicly the answering brief (Docket Entry No. 17) and Volume 1 of the excerpts of record (Docket Entry No. 18). The clerk will maintain under seal the motion to seal (Docket Entry No. 20), response to the motion (Docket Entry No. 23), and Volume 2 of the supplemental excerpts of record (Docket Entry No. 21). The motion (Docket Entry No. 24) for an extension of time to file the optional reply brief is granted. The optional reply brief is due May 19, 2026. [Entered: 03/11/2026 09:34 AM]
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| Filing 24 MOTION to Extend Time to File Brief filed by Appellant Andrew Steven Gray. [Entered: 03/09/2026 12:21 PM] |
| Filing 23 RESPONSE to Motion to file Document Under Seal (DE 20) filed UNDER SEAL by Appellant Andrew Steven Gray.--[Court entered filing, orignially filed at DE 22] [Entered: 03/06/2026 12:24 PM] |
| Filing 22 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Andrew Steven Gray. [Entered: 03/06/2026 11:52 AM] |
| Filing 21 EXCERPTS OF RECORD volume 2 submitted UNDER SEAL for filing by Appellee United States of America.--[Court entered filing, originally filed with motion at DE 20] [Entered: 02/27/2026 12:13 PM] |
| Filing 20 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellee United States of America. [Entered: 02/27/2026 11:53 AM] |
| Filing 19 DEFECTIVE --- MOTION to Maintain Document Under Seal filed by Appellee United States of America.--[Wrong filing type, correct entry is DE 20] [Entered: 02/27/2026 11:12 AM] [Edited: 02/27/2026 12:11 PM] |
| Filing 18 EXCERPTS OF RECORD submitted for filing by Appellee United States of America. [Entered: 02/27/2026 11:08 AM] |
| Filing 17 ANSWERING BRIEF submitted for filing by Appellee United States of America. [Entered: 02/27/2026 11:06 AM] |
| Filing 16 CLERK ACTION: Opening Brief submitted at DE 8 and Excerpts of Record at DE 9 and DE 12 by Appellant Andrew Steven Gray are filed. Volume 3 filed UNDER SEAL. No paper copies are required. [Entered: 01/29/2026 09:56 AM] |
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Filing 15
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The motion (Docket Entry No. 10) to file under seal Volume 3 of the excerpts of record is granted because an independent review shows that continued sealing is warranted. Appellant is advised that a document being sealed in district court is not a sufficient basis to seal it in this court. Any future motion to seal filed by counsel must explain the specific reasons for sealing in this court, describe the potential for irreparable injury absent sealing, and limit the request for sealing to the specific documents or portions of documents that merit sealing. See 9th Cir. R. 27-13(e). The clerk will publicly file the motion to seal and certificate of service (Docket Entry Nos. 10.1 and 10.3), the opening brief (Docket Entry No. 8), and Volumes 1 to 2 of the excerpts of record (Docket Entry No. 9). The clerk will maintain under seal Volume 3 of the excerpts of record (Docket Entry No. 12). The existing briefing schedule remains in effect. [Entered: 01/29/2026 09:14 AM]
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Filing 14
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 13) granted. Amended briefing schedule: Answering Brief Due (Appellee) 2/27/2026. 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: 01/05/2026 02:42 PM]
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| Filing 13 Streamlined Request for Extension of Time to File Brief filed by Appellee United States of America. [Entered: 01/05/2026 11:27 AM] |
| Filing 12 EXCERPTS OF RECORD volume 3 submitted UNDER SEAL for filing by Appellant Andrew Steven Gray.--[Court entered filing, originally filed at DE 10] [Entered: 01/02/2026 08:32 AM] |
| Filing 11 Presentence Report UNDER SEAL filed by Appellant Andrew Steven Gray. [Entered: 12/31/2025 03:36 PM] |
| Filing 10 MOTION to File Document Under Seal and Sealed Document Submitted for Filing filed by Appellant Andrew Steven Gray. [COURT UPDATE: UNSEALED DE 10.1 & 10.3 PER DE 15] [Entered: 12/31/2025 03:34 PM] [Edited: 01/29/2026 09:16 AM] |
| Filing 9 EXCERPTS OF RECORD submitted for filing by Appellant Andrew Steven Gray. [Entered: 12/31/2025 03:28 PM] |
| Filing 8 OPENING BRIEF submitted for filing by Appellant Andrew Steven Gray. [Entered: 12/31/2025 03:25 PM] |
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Filing 7
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 6) granted. Amended briefing schedule: Opening Brief Due (Appellant) 12/31/2025, Answering Brief Due (Appellee) 1/28/2026. 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: 11/28/2025 10:29 AM]
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| Filing 6 Streamlined Request for Extension of Time to File Brief filed by Appellant Andrew Steven Gray. [Entered: 11/26/2025 12:50 PM] |
| Filing 5 On November 13, 2025, the court issued a global order resetting the non-jurisdictional filing deadlines for federally funded attorneys (including FPDs and CJA counsel), that had been stayed by the courts October 1, 2025 Supplemental Administrative Order. If your deadlines were suspended by the October 1 Administrative Order, please review the #Order Resetting Deadlines, available on the courts website, to find your new deadlines. [Entered: 11/14/2025 04:59 PM] |
| Filing 4 ADDED Counsel for Appellee Michael Symington Morgan [Entered: 10/22/2025 11:59 AM] |
| Filing 3 NOTICE OF APPEARANCE by Michael Symington Morgan for Appellee United States of America. [Entered: 10/22/2025 11:48 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 12/1/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 12/29/2025. For appeal no. 25-6599, 2:09-cr-00170-JCC-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 will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 10/20/2025 12:31 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:09-cr-00170-JCC-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 25-6599 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: 10/20/2025 12:25 PM] |
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