USA v. Rahimi

21-11001 | U.S. Court of Appeals, Fifth Circuit

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Filed Oct. 6, 2021
Terminated March 2, 2023
Judges Jones, Ho, Wilson, King, and Costa
Original Case 4:21-cr-00083
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Filing Date # Docket Text
9/12/2024Precedential Opinion
3/24/2023163ATTORNEY NOT PARTICIPATING. Brandon Elliott Beck is designated as inactive in this case. Reason:he is no longer with the FPD's office. [21-11001] (AS) [Entered: 03/24/2023 04:02 PM]
3/24/2023MANDATE ISSUED. Mandate issue date satisfied. [21-11001] (RAJ) [Entered: 03/24/2023 11:53 AM]
3/21/2023SUPREME COURT NOTICE that petition for writ of certiorari [161] was filed by Appellee USA on 03/17/2023. Supreme Court Number: 22-915. [21-11001] (RAJ) [Entered: 03/22/2023 04:09 PM]
3/2/2023JUDGMENT ENTERED AND FILED. [21-11001] (WMJ) [Entered: 03/02/2023 08:38 AM]
3/2/2023PUBLISHED OPINION FILED. [21-11001 Reversed; Conviction Vacated] Judge: EHJ, Judge: JCH, Judge: CTW. Mandate issue date is 03/24/2023. [21-11001] (WMJ) [Entered: 03/02/2023 08:23 AM]
3/1/2023152OPINION WITHDRAWN. [141], [140] [21-11001] (WMJ) [Entered: 03/01/2023 04:08 PM]
2/3/2023CLERK ORDER recalling this Court's mandate as inadvertently released forthwith. Mandate issue date updated to 02/24/2023 for Appellant Zackey Rahimi. [21-11001] (WMJ) [Entered: 02/03/2023 04:29 PM]
2/2/2023MANDATE ISSUED FORTHWITH. [21-11001] (WMJ) [Entered: 02/02/2023 12:21 PM]
2/2/2023141WITHDRAWN 3/1/2023 - JUDGMENT ENTERED AND FILED. [21-11001] (WMJ) [Entered: 02/02/2023 12:13 PM]
2/2/2023140WITHDRAWN 3/1/2023 - PUBLISHED OPINION FILED. [21-11001 Reversed; Conviction Vacated] Judge: EHJ, Judge: JCH, Judge: CTW. [21-11001] (WMJ) [Entered: 02/02/2023 12:09 PM]
9/8/2022SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellant Mr. Zackey Rahimi Date of Service: 09/08/2022 via email - Attorney for Appellants: Beck, Wright; Attorney for Appellees: Glaser, Pellettieri, Simonton; US mail - Attorney for Appellant: Taft [21-11001] (James Matthew Wright ) [Entered: 09/08/2022 11:54 AM]
9/2/2022RESPONSE filed by Appellant Mr. Zackey Rahimi to the filed by Appellee USA [129] Date of Service: 09/02/2022 via email - Attorney for Appellants: Beck, Wright; Attorney for Appellees: Glaser, Pellettieri, Simonton; US mail - Attorney for Appellant: Taft [21-11001] (James Matthew Wright ) [Entered: 09/02/2022 01:32 PM]
8/31/2022SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellee USA Date of Service: 08/31/2022 via email - Attorney for Appellants: Beck, Taft, Wright; Attorney for Appellees: Pellettieri, Simonton [21-11001] (William A. Glaser ) [Entered: 08/31/2022 09:41 AM]
8/30/2022128ORAL ARGUMENT HEARD before Judges Jones, Ho, Wilson. Arguing Person Information Updated for: William A. Glaser arguing for Appellee United States of America; Arguing Person Information Updated for: James Matthew Wright arguing for Appellant Zackey Rahimi [21-11001] (SME) [Entered: 08/30/2022 10:38 AM]
8/23/2022126Paper copies of Corrected Supplemental Reply Brief filed by Appellant Mr. Zackey Rahimi in 21-11001 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-11001] (RAJ) [Entered: 08/23/2022 09:57 AM]
8/23/2022124COURT ACTION withdrawing Supplemental Reply Brief filed by Appellant Mr. Zackey Rahimi [113] [21-11001] (RAJ) [Entered: 08/23/2022 08:51 AM]
8/23/2022CORRECTED SUPPLEMENTAL REPLY BRIEF filed by Appellant Mr. Zackey Rahimi .. [21-11001] (RAJ) [Entered: 08/23/2022 08:49 AM]
8/23/2022COURT ORDER granting Motion to file corrected brief filed by Appellant Mr. Zackey Rahimi [115] [21-11001] (RAJ) [Entered: 08/23/2022 08:44 AM]
8/18/2022UNOPPOSED MOTION filed by Appellant Mr. Zackey Rahimi to file corrected brief [115]. Date of service: 08/18/2022 via email - Attorney for Appellants: Beck, Wright; Attorney for Appellees: Glaser, Pellettieri, Simonton; US mail - Attorney for Appellant: Taft [21-11001] (James Matthew Wright ) [Entered: 08/18/2022 10:04 AM]
8/17/2022SUPPLEMENTAL REPLY BRIEF FILED by Mr. Zackey Rahimi
# of Copies Provided: 0 Supplemental Reply Brief deadline satisfied. Paper Copies of Brief due on 08/19/2022 for Appellant Zackey Rahimi. [21-11001]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL REPLY BRIEF FILED by Mr. Zackey Rahimi Date of service: 08/17/2022 [21-11001] (James Matthew Wright ) [Entered: 08/17/2022 11:56 PM]
8/10/2022111Paper copies of Appellee Supplement Brief filed by Appellee USA in 21-11001 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-11001] (CMB) [Entered: 08/10/2022 10:39 AM]
8/9/2022APPELLEE'S SUPPLEMENTAL BRIEF FILED by USA # of Copies Provided: 0 E/Res's Supplemental Brief deadline satisfied. Paper Copies of Brief due on 08/10/2022 for Appellee United States of America. [21-11001]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S SUPPLEMENTAL BRIEF FILED by USA Date of service: 08/09/2022 via email - Attorney for Appellants: Beck, Taft, Wright [21-11001] (William A. Glaser ) [Entered: 08/09/2022 08:37 AM]
8/5/2022108APPEARANCE FORM FILED by Attorney James Matthew Wright for Appellant Zackey Rahimi in 21-11001 (RAJ) [Entered: 08/05/2022 01:14 PM]
8/5/2022APPEARANCE FORM received from Mr. James Matthew Wright for Mr. Zackey Rahimi for the court's review. Lead Counsel? Yes. [21-11001] (James Matthew Wright ) [Entered: 08/05/2022 08:43 AM]
7/27/2022105Paper copies of Appellant Supplement Brief filed by Appellant Mr. Zackey Rahimi in 21-11001 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-11001] (MAS) [Entered: 07/27/2022 03:08 PM]
7/25/2022APPELLANT'S SUPPLEMENTAL BRIEF FILED by Mr. Zackey Rahimi. # of Copies Provided: 0 A/Pet's Supplemental Brief deadline satisfied. Paper Copies of Brief due on 07/28/2022 for Appellant Zackey Rahimi. [21-11001]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S SUPPLEMENTAL BRIEF FILED by Mr. Zackey Rahimi. Date of service: 07/25/2022 via email - Attorney for Appellants: Beck, Wright; Attorney for Appellees: Glaser, Pellettieri, Simonton; US mail - Attorney for Appellant: Taft [21-11001] (Brandon Elliott Beck ) [Entered: 07/25/2022 05:35 PM]
7/25/2022101APPEARANCE FORM FILED by Attorney(s) James Matthew Wright for party(s) Appellant Zackey Rahimi, in case 21-11001 [21-11001] (RAJ) [Entered: 07/25/2022 10:51 AM]
7/25/2022APPEARANCE FORM for the court's review. Lead Counsel? No. [21-11001] (James Matthew Wright ) [Entered: 07/25/2022 09:12 AM]
7/22/202298CASE CALENDARED for oral argument on Tuesday, 08/30/2022 in New Orleans in the West Courtroom -- AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [21-11001] (SME) [Entered: 07/22/2022 10:47 AM]
7/13/202297Paper copies of Record Excerpts filed by Appellant Mr. Zackey Rahimi in 21-11001 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [21-11001] (CBW) [Entered: 07/13/2022 03:33 PM]
7/13/202296Paper copies of Appellant Brief filed by Appellant Mr. Zackey Rahimi in 21-11001 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-11001] (CBW) [Entered: 07/13/2022 03:28 PM]
7/13/202295Paper copies of Appellee Brief filed by Appellee USA in 21-11001 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [21-11001] (CBW) [Entered: 07/13/2022 03:04 PM]
7/8/202293PAPER COPIES REQUESTED for the Appellant Brief filed by Appellant Mr. Zackey Rahimi in 21-11001 [34], Record Excerpts filed by Appellant Mr. Zackey Rahimi in 21-11001 [35], Appellee Brief filed by Appellee USA in 21-11001 [46]. Paper Copies of Brief due on 07/14/2022 for Appellant Zackey Rahimi and Appellee United States of America.. Paper Copies of Record Excerpts due on 07/14/2022 for Appellant Zackey Rahimi. [21-11001] (RAJ) [Entered: 07/08/2022 03:41 PM]
7/8/2022SUPPLEMENTAL BRIEFS REQUESTED OF Appellant Mr. Zackey Rahimi and Appellee USA. Appellant's Supp Brief due on 07/25/2022 for Appellant Zackey Rahimi ; Appellee's Supp Brief due on 08/09/2022 for Appellee United States of America. Appellant's Supplemental Reply Brief due on 08/17/2022 for Appellant Zackey Rahimi. [21-11001] (RAJ) [Entered: 07/08/2022 03:21 PM]
7/8/2022CASE TENTATIVELY calendared for oral argument for the week of 08/29/2022. [21-11001] (GAM) [Entered: 07/08/2022 02:48 PM]
7/7/202288COURT ACTION mooting Petition for rehearing en banc filed by Appellant Mr. Zackey Rahimi, in light of the court order filed 7/7/2022. [71] [21-11001] (NFD) [Entered: 07/07/2022 05:14 PM]
7/7/2022COURT ORDER- The opinion filed on June 8, 2022, United States v. Rahimi, is hereby WITHDRAWN. The Clerk is directed to expedite this case and set it for oral argument on the next available calendar. The pending petition for rehearing en banc is hereby DISMISSED as moot. The parties shall file additional briefing addressing the effect of New York State Rifle & Pistol Association v. Bruen on this case on a schedule set by the Clerk's Office. [71] [21-11001] (NFD) [Entered: 07/07/2022 04:52 PM]
7/7/202285OPINION WITHDRAWN. [69], [68] [21-11001] (NFD) [Entered: 07/07/2022 04:38 PM]
7/7/2022COURT DIRECTIVE ISSUED withdrawing opinion[84]. [21-11001] (NFD) [Entered: 07/07/2022 04:27 PM]
7/6/202279APPEARANCE FORM FILED by Attorney(s) William A. Glaser for party(s) Appellee USA, in case 21-11001 (RAJ) [Entered: 07/06/2022 03:46 PM]
7/6/2022APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-11001] (William A. Glaser ) [Entered: 07/06/2022 01:18 PM]
7/5/2022COURT DIRECTIVE ISSUED requesting a response to the Petition for rehearing en banc filed by Appellant Mr. Zackey Rahimi in 21-11001 [71] Response/Opposition due on 07/15/2022. [21-11001] (LEF) [Entered: 07/05/2022 09:07 AM]
6/22/202272REHEARING MADE SUFFICIENT filed by Appellant Mr. Zackey Rahimi in 21-11001 [71]. Sufficient Rehearing due deadline satisfied [21-11001] (MVM) [Entered: 06/22/2022 11:34 AM]
6/17/2022SUFFICIENT PETITION for rehearing en banc [71] Mandate issue date canceled.. Sufficient Rehearing due on 07/01/2022 for Appellant Zackey Rahimi. Document is insufficient for the following reasons: opinon must be attached [21-11001]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Appellant Mr. Zackey Rahimi for rehearing en banc [71]. Date of Service: 06/17/2022 via email - Attorney for Appellant: Beck; Attorney for Appellees: Pellettieri, Simonton [21-11001] (PETITION FOR REHEARING DECLARED MOOT IN LIGHT OF THE COURT ORDER 7/7/2022) (Brandon Elliott Beck ) [Entered: 06/17/2022 04:09 PM]
6/8/202269JUDGMENT ENTERED AND FILED. [21-11001] (OPINION WITHDRAWN 7/7/2022) (WMJ) [Entered: 06/08/2022 03:31 PM]
6/8/202268UNPUBLISHED OPINION FILED. [21-11001 Affirmed] Judge: CDK, Judge: GJC, Judge: JCH. Mandate issue date is 06/30/2022 for Appellant Zackey Rahimi [21-11001] (OPINION WITHDRAWN 7/7/2022) (WMJ) [Entered: 06/08/2022 03:29 PM]
5/31/202262BRIEFING COMPLETE.Reply Brief deadline canceled [21-11001] (RAJ) [Entered: 05/31/2022 08:48 AM]
5/5/2022CLERK ORDER granting Motion to withdraw as counsel filed by Mr. Daniel Kane [51] [21-11001] (MFY) [Entered: 05/05/2022 09:03 AM]
5/3/202252APPEARANCE FORM FILED by Attorney(s) John Michael Pellettieri for party(s) Appellee USA, in case 21-11001 [21-11001] (MBC) [Entered: 05/03/2022 02:54 PM]
5/3/2022MOTION filed by Attorney Mr. Daniel Kane for Appellee USA to withdraw as counsel [51]. Date of Service: 05/03/2022 via email - Attorney for Appellants: Beck, Taft; Attorney for Appellees: Kane, Simonton [21-11001] (Daniel Kane ) [Entered: 05/03/2022 11:49 AM]
5/3/2022APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-11001] (John Michael Pellettieri ) [Entered: 05/03/2022 11:47 AM]
5/2/2022APPELLEE'S BRIEF FILED by USA. # of Copies Provided: 0 E/Res's Brief deadline satisfied. Reply Brief due on 05/23/2022 for Appellant Zackey Rahimi [21-11001]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by USA. Date of service: 05/02/2022 via email - Attorney for Appellants: Beck, Taft; Attorney for Appellees: Kane, Simonton [21-11001] (Daniel Kane ) [Entered: 05/02/2022 02:55 PM]
4/13/2022CLERK ORDER granting Motion to extend time to file appellee's brief filed by Appellee USA [41] Appellee's Brief due on 05/02/2022 for Appellee United States of America [21-11001] (RAJ) [Entered: 04/13/2022 08:55 AM]
4/12/2022UNOPPOSED MOTION filed by Appellee USA to extend time to file brief of appellee until 05/02/2022 [41]. Date of service: 04/12/2022 via email - Attorney for Appellants: Beck, Taft; Attorney for Appellees: Kane, Simonton [21-11001] (Daniel Kane ) [Entered: 04/12/2022 04:26 PM]
3/14/202240EXTENSION RECEIVED for Appellee USA. Extension Granted to and including 04/25/2022. E/Res's Brief deadline updated to 04/25/2022 for Appellee United States of America [21-11001] (RAJ) [Entered: 03/14/2022 10:08 AM]
3/14/2022UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellee USA for filing Appellee's Brief until 04/25/2022 [21-11001] (Daniel Kane ) [Entered: 03/14/2022 09:12 AM]
3/11/202237APPEARANCE FORM FILED by Attorney(s) Daniel Kane for party(s) Appellee USA, in case 21-11001 (RAJ) [Entered: 03/11/2022 09:14 AM]
3/10/2022APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-11001] (Daniel Kane ) [Entered: 03/10/2022 10:08 AM]
2/22/2022RECORD EXCERPTS FILED by Appellant Mr. Zackey Rahimi. # of Copies Provided: 0 [21-11001] (RAJ) [Entered: 02/22/2022 04:48 PM]
2/22/2022APPELLANT'S BRIEF FILED by Mr. Zackey Rahimi. # of Copies Provided: 0
A/Pet's Brief deadline satisfied. Appellee's Brief due on 03/24/2022 for Appellee United States of America [21-11001] (RAJ) [Entered: 02/22/2022 04:47 PM]
2/22/2022CLERK ORDER granting Motion to file brief out of time filed by Appellant Mr. Zackey Rahimi [29] [21-11001] (RAJ) [Entered: 02/22/2022 04:40 PM]
2/20/2022UNOPPOSED MOTION filed by Appellant Mr. Zackey Rahimi for leave to file brief out of time [29] - Brief Tendered? Yes. Date of service: 02/20/2022 via email - Attorney for Appellant: Beck; Attorney for Appellee: Simonton [21-11001] (Brandon Elliott Beck ) [Entered: 02/20/2022 09:43 PM]
2/18/2022CLERK ORDER denying Motion to extend time to file appellant's brief filed by Appellant Mr. Zackey Rahimi [24] [21-11001] (RAJ) [Entered: 02/18/2022 05:04 PM]
2/17/2022UNOPPOSED MOTION filed by Appellant Mr. Zackey Rahimi to extend time to file brief as appellant until 03/04/2022 [24]. Date of service: 02/17/2022 via email - Attorney for Appellant: Beck; Attorney for Appellee: Simonton; US mail - Attorney for Appellant: Taft [21-11001] (Brandon Elliott Beck ) [Entered: 02/17/2022 04:43 PM]
2/1/2022CLERK ORDER granting Motion to extend time to file appellant's brief filed by Appellant Mr. Zackey Rahimi [22] A/Pet's Brief deadline updated to 02/17/2022 for Appellant Zackey Rahimi [21-11001] (RAJ) [Entered: 02/01/2022 04:49 PM]
2/1/2022UNOPPOSED MOTION filed by Appellant Mr. Zackey Rahimi to extend time to file brief as appellant until 02/17/2022 [22]. Date of service: 02/01/2022 via email - Attorney for Appellant: Beck; Attorney for Appellee: Simonton; US mail - Attorney for Appellant: Taft [21-11001] (Brandon Elliott Beck ) [Entered: 02/01/2022 04:18 PM]
1/18/202221EXTENSION RECEIVED for Appellant Mr. Zackey Rahimi. Extension Granted to and including 02/02/2022. A/Pet's Brief deadline updated to 02/02/2022 for Appellant Zackey Rahimi [21-11001] (RAJ) [Entered: 01/18/2022 03:42 PM]
1/18/2022UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellant Mr. Zackey Rahimi for filing Appellant's Initial Brief until 02/02/2022 [21-11001] (Brandon Elliott Beck ) [Entered: 01/18/2022 03:38 PM]
12/8/2021BRIEFING NOTICE ISSUED A/Pet's Brief Due on 01/18/2022 for Appellant Zackey Rahimi. [21-11001] (DDL) [Entered: 12/08/2021 08:27 AM]
12/8/202117ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? Yes Electronic ROA deadline satisfied. [21-11001] (DDL) [Entered: 12/08/2021 08:26 AM]
11/30/202116ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:21-CR-83-1. Electronic ROA due on 12/15/2021. [21-11001] (RAJ) [Entered: 11/30/2021 09:47 AM]
11/30/202115TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Monica Guzman, Dt. Filed in Dist. Ct: 11/29/2021 Transcript Due/Court Reporter Discount Date canceled [21-11001] (RAJ) [Entered: 11/30/2021 09:47 AM]
11/29/2021NOTICE RECEIVED that the transcript ordered by Appellant Mr. Zackey Rahimi is complete and has been filed in the District Court. [21-11001] (Monica Guzman ) [Entered: 11/29/2021 08:38 PM]
11/2/202113ACKNOWLEDGMENT Transcript Order: Court Reporter: Monica Guzman, Est. Completion Dt: 12/02/2021, Est. No.of Pgs: 90, Dt. Fin Arrangements Made: 11/02/2021, Proceeding Type and Date: Rearraignment 05/26/2021 , Sentencing 09/23/2021. Ct. Reporter Acknowledgment ddl satisfied. Transcript Due/Court Reporter Discount Date is 12/02/2021 for Monica Guzman, Court Reporter [21-11001] (RAJ) [Entered: 11/02/2021 12:47 PM]
11/2/2021COURT REPORTER ACKNOWLEDGMENT received from Court Reporter Ms. Monica Guzman. [21-11001] (Monica Guzman ) [Entered: 11/02/2021 09:29 AM]
10/21/202111TRANSCRIPT ORDER received from Appellant Mr. Zackey Rahimi. DETAILS: Transcript Order: Court Reporter: Monica Guzman, Proceeding Type and Date: Rearraignment 05/26/2021 , Sentencing 09/23/2021. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 11/01/2021 for Monica Guzman, Court Reporter. Electronic Filing Processed: [10] [21-11001] (RAJ) [Entered: 10/21/2021 10:18 AM]
10/20/2021ATTORNEY TRANSCRIPT ORDER form filed by Appellant Mr. Zackey Rahimifor the Court to process. Date of service: 10/20/2021 via email - Attorney for Appellant: Beck; Attorney for Appellee: Simonton. [21-11001] (Brandon Elliott Beck ) [Entered: 10/20/2021 04:47 PM]
10/13/20218APPEARANCE FORM FILED by Attorney(s) Brandon Elliott Beck for party(s) Appellant Zackey Rahimi, in case 21-11001 [21-11001] (CB) [Entered: 10/13/2021 09:22 AM]
10/12/2021APPEARANCE FORM for the court's review. Lead Counsel? Yes. [21-11001] (Brandon Elliott Beck ) [Entered: 10/12/2021 10:47 AM]
10/7/2021INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [6] Initial AA Check Due satisfied.. Transcript order due on 10/22/2021 for Appellant Zackey Rahimi [21-11001] (CB) [Entered: 10/07/2021 10:43 AM]
10/6/2021DIRECT CRIMINAL CASE docketed. NOA filed by Appellant Mr. Zackey Rahimi [21-11001] (MBC) [Entered: 10/06/2021 09:20 AM]