US v. Moore-Bush

19-1582 | U.S. Court of Appeals, First Circuit

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Filed June 10, 2019
Terminated May 27, 2022
Judges Howard, Lynch, and Barron
Original Case 3:18-cr-30001
Last Updated: 1 year ago Show Interactive Timeline
Filing Date # Docket Text
9/19/2022U.S. SUPREME COURT ORDER entered. The application for an extension of time within which to file a petition for a writ of certiorari was granted. [19-1582] (CMP) [Entered: 09/19/2022 04:59 PM]
6/21/2022MANDATE issued. [19-1582, 19-1625] (CMP) [Entered: 06/21/2022 03:47 PM]
6/9/2022URLs Cited in Court Opinion dated 06/09/2022 [6501085-2]. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 06/10/2022 11:47 AM]
6/9/2022AMENDED OPINION issued by David J. Barron, Chief Appellate Judge; Sandra L. Lynch,* Appellate Judge; Jeffrey R. Howard,* Appellate Judge; Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr.,* Appellate Judge. Per Curiam. Published. * Lynch, Howard, and Gelpi, Circuit Judges, concurring. [19-1582] (GAK) [Entered: 06/09/2022 04:46 PM]
6/9/2022
  • Order
ORDER entered by David J. Barron, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge; Jeffrey R. Howard, Appellate Judge; Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. On May 27, 2022, this court issued the opinion in the above-captioned matter under temporary seal and asked the parties to file a response as to whether redactions were necessary. Upon consideration of the responses, we now decide as follows. The full opinion previously filed in this case will remain under seal until further order of this court; an amended version of the opinion will be released forthwith for publication. Appellee Daphne Moore's June 6, 2022 petition for rehearing asks that the opinion remain under seal pending resolution of the instant petition. That request is denied. The petition for rehearing will be decided in due course. [19-1582, 19-1583, 19-1625, 19-1626] (GAK) [Entered: 06/09/2022 04:37 PM]
6/6/2022LETTER regarding unsealing of opinion filed by Attorney Judith H. Mizner for Appellee Nia Moore-Bush in 19-1582, 19-1625. Served on 06/06/2022. [19-1582, 19-1625] (JHM) [Entered: 06/06/2022 05:22 PM]
6/6/2022LETTER regarding public release of opinion filed temporarily under seal filed by Attorney Randall Ernest Kromm for Appellant US in 19-1582, 19-1583, 19-1626, 19-1625. Served on 06/06/2022. [19-1582, 19-1583, 19-1626, 19-1625] (REK) [Entered: 06/06/2022 03:16 PM]
5/27/2022
  • Motion for Judgment
JUDGMENT. The district court's order granting the motion to suppress is reversed, and the matter is remanded with instructions to deny the motion to suppress. [19-1582, 19-1625] (SBT) [Entered: 05/27/2022 07:11 PM]
5/27/2022PROVISIONALLY SEALED OPINION issued by David J. Barron, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge; Jeffrey R. Howard, Appellate Judge; Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. See order of even date. [19-1582, 19-1583, 19-1625, 19-1626] (SBT) [Entered: 05/27/2022 07:06 PM]
5/27/2022
  • Order
ORDER entered by David J. Barron, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge; Jeffrey R. Howard, Appellate Judge; Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. The court's opinion in this case is filed today under temporary seal. It is being made available at this time only to counsel for the parties and the district judge, as portions of the record and appellate pleadings have been sealed. The court has tentatively concluded that public release of the opinion would not impermissibly infringe upon confidentiality interests. Counsel for the parties may advise the Clerk in writing on, or before, June 6, 2022, if either of them objects to the public issuance of the opinion as presently framed.[19-1582, 19-1583, 19-1625, 19-1626] (SBT) [Entered: 05/27/2022 07:01 PM]
10/5/2021CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 10/05/2021. [19-1582, 19-1625] (JHM) [Entered: 10/05/2021 11:44 AM]
7/16/2021CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 07/16/2021. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 07/16/2021 11:52 AM]
3/29/2021CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 03/29/2021. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 03/29/2021 02:55 PM]
3/23/2021CASE argued. Panel: Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge; Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron, Appellate Judge. Arguing attorneys: Nathan Wessler for American Civil Liberties Union and American Civil Liberties Union of Massachusetts, Randall Ernest Kromm for US and Judith H. Mizner for Nia Moore-Bush in 19-1582, Nathan Wessler for American Civil Liberties Union and American Civil Liberties Union of Massachusetts, Randall Ernest Kromm for US and Linda J. Thompson for Daphne Moore in 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (DJT) [Entered: 03/23/2021 12:01 PM]
3/10/2021SEVENTEEN (17) paper copies of reply brief [6407462-2] submitted by Appellant US. [19-1582, 19-1583, 19-1625, 19-1626] (AJ) [Entered: 03/10/2021 02:48 PM]
3/10/2021SEVENTEEN (17) paper copies of reply brief [6407499-2] submitted by Appellee Nia Moore-Bush. [19-1582, 19-1625] (AJ) [Entered: 03/10/2021 02:42 PM]
3/9/2021SUPPLEMENTAL REPLY BRIEF filed by Appellee Nia Moore-Bush in 19-1582 and 19-1625. Seventeen paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/10/2021. [19-1582, 19-1625] (DK) [Entered: 03/10/2021 06:42 AM]
3/9/2021BRIEF tendered by Appellee Nia Moore-Bush in 19-1582, 19-1625. [19-1582, 19-1625] (JHM) [Entered: 03/09/2021 11:22 PM]
3/9/2021SUPPLEMENTAL REPLY BRIEF filed by Appellant US in 19-1582, 19-1583, 19-1625, and 19-1626. Seventeen paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/10/2021. [19-1582, 19-1583, 19-1625, 19-1626] (DK) [Entered: 03/09/2021 08:05 PM]
3/9/2021BRIEF tendered by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 03/09/2021 06:34 PM]
2/28/2021DESIGNATION of attorney presenting oral argument filed by Attorney Nathan Wessler for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Massachusetts in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 02/28/2021. [19-1582, 19-1583, 19-1625, 19-1626] (NW) [Entered: 02/28/2021 09:58 AM]
2/26/2021
  • OrderGranted
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Center for Democracy & Technology, and Electronic Frontier Foundation's motion for leave to appear at oral argument and for 5 minutes of oral argument time is granted. Amici shall designate one attorney to present their argument. An additional five minutes will be added to the government's argument time. The argument times will be as follows: Appellant United States 20 minutes, Defendants-Appellees 15 minutes; and Amici ACLU, et al. 5 minutes. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 02/26/2021 04:37 PM]
2/25/2021
  • Motion
MOTION for leave to appear at oral argument filed by Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Center for Democracy & Technology and Electronic Frontier Foundation in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 02/25/2021. [19-1582, 19-1583, 19-1625, 19-1626] (NW) [Entered: 02/25/2021 07:39 PM]
2/17/2021SEVENTEEN (17) paper copies of amicus brief [6401900-2] submitted by Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Center for Democracy & Technology and Electronic Frontier Foundation in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (AVN) [Entered: 02/19/2021 12:53 PM]
2/17/2021DESIGNATION of attorney presenting oral argument filed by Attorney Judith H. Mizner for Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 02/17/2021. [19-1582, 19-1625] (JHM) [Entered: 02/17/2021 02:37 PM]
2/17/2021DESIGNATION of attorney presenting oral argument filed by Attorney Randall Ernest Kromm for Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 02/17/2021. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 02/17/2021 01:56 PM]
2/16/2021AMICUS CURIAE BRIEF filed by Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Center for Democracy & Technology and Movant Electronic Frontier Foundation in 19-1582, 19-1583, 19-1625, 19-1626 in support of Appellee. Certificate of service dated 02/11/2021. Seventeen paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 02/17/2021. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 02/16/2021 04:10 PM]
2/16/2021
  • Order
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: Construing proposed amici curiae American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Center for Democracy & Technology, and Electronic Frontier Foundation's tendered brief as including a motion for leave to file, the motion is allowed. The tendered amicus curiae brief is accepted for filing as of this date. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 02/16/2021 04:03 PM]
2/12/2021SEVENTEEN (17) paper copies of amicus brief [6401380-2] submitted by Amici Curiae International Documentary Association, MPA-The Association of Magazine Media, Media Institute, National Press Photographers Association, PEN American Center, Inc., Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Society of Environmental Journalists and Tully Center for Free Speech. [19-1582, 19-1583, 19-1625, 19-1626] (AJ) [Entered: 02/12/2021 02:51 PM]
2/12/2021AMICUS CURIAE BRIEF filed by Amici Curiae International Documentary Association, MPA-The Association of Magazine Media, Media Institute, National Press Photographers Association, PEN American Center, Inc., Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Society of Environmental Journalists and Tully Center for Free Speech in 19-1582, 19-1583, 19-1625, 19-1626 in support of Appellee. Certificate of service dated 02/11/2021. Seventeen paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 02/16/2021. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 02/12/2021 12:17 PM]
2/12/2021
  • Order
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: Upon consideration, movants Reporters Committee for Freedom of the Press; the International Documentary Association; The Media Institute; MPA- The Association of Magazine Media; National Press Photographers Association; PEN America; Radio Television Digital News Association; Society of Environmental Journalists; and the Tully Center for Free Speech's (collectively Reporters Committee for Freedom of the Press and Eight Media Organizations') assented-to motion for leave to file an amicus curiae brief is allowed. The proposed amicus curiae brief attached to movants' motion is accepted for filing on this day. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 02/12/2021 12:06 PM]
2/11/2021AMICUS CURIAE BRIEF tendered by American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Center for Democracy & Technology, and Electronic Frontier Foundation. [19-1582, 19-1583, 19-1625, 19-1626] (NW) [Entered: 02/11/2021 04:36 PM]
2/11/2021DISCLOSURE statement filed by Movants International Documentary Association, MPA-The Association of Magazine Media, Media Institute, National Press Photographers Association, PEN American Center, Inc., Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Society of Environmental Journalists and Tully Center for Free Speech in 19-1582. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 02/11/2021 04:09 PM]
2/11/2021
  • Motion to File Brief
MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) Reporters Committee for Freedom of the Press and Eight Media Organizations. Certificate of service dated 02/11/2021. [19-1583, 19-1582, 19-1625, 19-1626] (BDB) [Entered: 02/11/2021 03:27 PM]
2/11/2021NOTICE of appearance on behalf of Movant(s) Reporters Committee for Freedom of the Press and Eight Media Organizations filed by Attorney Bruce D. Brown. Certificate of service dated 02/11/2021. [19-1583, 19-1582, 19-1625, 19-1626] (BDB) [Entered: 02/11/2021 03:23 PM]
2/11/2021CASE calendared: Consistent with public health guidance and ongoing efforts to mitigate the risk of community transmission of COVID-19, the court will conduct en banc oral argument in this case by remote conference on Tuesday, March 23, 2021 at 10:00 a.m., in lieu of in-person appearance. Check-in at 9:30 a.m. before court begins is required. There will be no continuance except for grave cause. Designation forms are due 02/18/2021. [19-1582, 19-1583, 19-1625, 19-1626] (DJT) [Entered: 02/11/2021 01:01 PM]
2/5/2021SEVENTEEN (17) paper copies of supplemental brief [6399912-2] submitted by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (AVN) [Entered: 02/05/2021 02:08 PM]
2/5/2021SEVENTEEN (17) paper copies of supplemental brief [6399909-2] submitted by Appellee Nia Moore-Bush in 19-1582, 19-1625. [19-1582, 19-1625] (AVN) [Entered: 02/05/2021 02:05 PM]
2/5/2021SUPPLEMENTAL BRIEF filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 02/05/2021. SEVENTEEN paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 02/8/2021. [19-1582, 19-1583, 19-1625, 19-1626]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (CMP) [Entered: 02/05/2021 01:33 PM]
2/5/2021SUPPLEMENTAL BRIEF filed by Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 02/05/2021. SEVENTEEN paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before Monday 02/8/2021. [19-1582, 19-1625]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (CMP) [Entered: 02/05/2021 01:26 PM]
2/5/2021
  • Order
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: Defendant-appellee's motion for leave to file supplemental brief instanter is allowed, and it is accepted for filing on this date. [19-1582, 19-1625] (CMP) [Entered: 02/05/2021 01:20 PM]
2/5/2021
  • Order
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge, granting motion for leave to file corrected supplemental brief filed by Appellant US. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 02/05/2021 01:16 PM]
2/5/2021
  • Motion to File Substitute Brief
MOTION for leave to file corrected or substituted brief filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 02/05/2021. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 02/05/2021 09:37 AM]
2/5/2021BRIEF tendered by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 02/05/2021 09:36 AM]
2/5/2021SUPPLEMENTAL BRIEF filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 02/04/2021. [19-1582, 19-1583, 19-1625, 19-1626] (AVN) [Entered: 02/05/2021 09:30 AM]
2/5/2021
  • Motion to File Supplemental Brief
MOTION for leave to file supplemental brief instanter filed by Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 02/05/2021. [19-1582, 19-1625] (JHM) [Entered: 02/05/2021 01:28 AM]
2/4/2021BRIEF tendered by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 02/04/2021 11:47 PM]
12/21/2020
  • Order
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: The government's motion for an order extending the time to file supplemental briefs is allowed in part. The briefing schedule is extended as follows: simultaneous supplemental briefs due on February 4, 2021. Amicus briefs due seven days thereafter on February 11, 2021. Simultaneous reply briefs are due on March 9, 2021. Oral argument will be held on March 23, 2021 as previously scheduled. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 12/21/2020 10:58 AM]
12/18/2020ASSENTED TO MOTION to extend time to file supplemental brief filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 12/18/2020. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 12/18/2020 01:51 PM]
12/9/2020
  • Order
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge; Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron, Appellate Judge: A majority of the active judges who are not disqualified have voted to hear this case en banc. Accordingly, the petition for rehearing en banc is granted. In accordance with customary practice, the panel opinion and the concurrence released on June 16, 2020 are withdrawn, and the judgment entered the same date is vacated. See 1st Cir. I.O.P. X(D). The en banc court will have copies of the parties' previously filed briefs. The parties may file supplemental briefs addressing any questions the parties may wish to address. Any supplemental briefs should be filed simultaneously on, or before, January 25, 2021, and shall comply with applicable rules concerning format, service, and other requirements. Amici are welcome to submit amicus briefs no later than 7 days after the principal supplemental briefs are filed. Any reply supplemental briefs must be filed no later than 30 days after the amicus brief deadline. Seventeen paper copies of all briefs filed should be provided to the Clerk's Office no later than one business day after the electronic brief is filed. The en banc hearing will be scheduled for March 23, 2021, at 10:00 am. [19-1582, 19-1583, 19-1625, 19-1626]. (CMP) [Entered: 12/09/2020 04:44 PM]
8/10/2020CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 08/10/2020. [19-1582, 19-1625] (JHM) [Entered: 08/10/2020 05:30 PM]
7/23/2020AMICUS CURIAE BRIEF filed by Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Massachusetts in 19-1582, 19-1583, 19-1625, 19-1626 in support of Appellees. Certificate of service dated 07/21/2020. [19-1582, 19-1583, 19-1625, 19-1626] (GB) [Entered: 07/23/2020 06:03 PM]
7/23/2020
  • Order
ORDER entered by Sandra L. Lynch, Appellate Judge: The American Civil Liberties Union and The American Civil Liberties Union of Massachusetts, Inc.'s July 21, 2020 motion for leave to file an amicus brief in support of the appellees' petition for rehearing en banc is allowed. The American Civil Liberties Union and The American Civil Liberties Union of Massachusetts, Inc.'s amicus curiae brief in support of the defendants-appellees is accepted for filing on this day. [19-1582, 19-1583, 19-1625, 19-1626] (GB) [Entered: 07/23/2020 05:58 PM]
7/22/2020DISCLOSURE statement filed by Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Massachusetts in 19-1582. Certificate of service dated 07/21/2020. [19-1582, 19-1583, 19-1625, 19-1626] (DO) [Entered: 07/22/2020 04:16 PM]
7/21/2020
  • Motion to File Brief
MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) The American Civil Liberties Union and The American Civil Liberties Union of Massachusetts, Inc.. Certificate of service dated 07/21/2020. [19-1582, 19-1583, 19-1625, 19-1626] (MRS) [Entered: 07/21/2020 09:56 PM]
7/14/2020
  • Motion for Rehearing
PETITION for rehearing en banc filed by Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 07/14/2020. [19-1582, 19-1625] (JHM) [Entered: 07/14/2020 09:21 PM]
6/25/2020
  • Order
ORDER entered by Sandra L. Lynch, Appellate Judge, granting motion to extend time to file petition for rehearing and/or rehearing en banc filed by Appellee Nia Moore-Bush. Petition for rehearing due 07/14/2020. [19-1582, 19-1625] (CMP) [Entered: 06/25/2020 04:49 PM]
6/25/2020MOTION to extend time to file a petition for rehearing filed by Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 06/25/2020. [19-1582, 19-1625] (JHM) [Entered: 06/25/2020 10:33 AM]
6/24/2020ERRATA issued by court to opinion (published) [6346229-2]. [19-1582, 19-1583, 19-1625, 19-1626] (SBT) [Entered: 06/24/2020 12:02 PM]
6/16/2020URLs Cited in Court Opinion dated 06/16/2020 [6346229-2]. [19-1582] (CMP) [Entered: 06/24/2020 10:22 AM]
6/16/2020
  • Motion for Judgment
JUDGMENT. 19-1582 Remanded 19-1625 Remanded [19-1582, 19-1625] (CMP) [Entered: 06/16/2020 03:37 PM]
6/16/2020OPINION issued by Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and David J. Barron, Appellate Judge. Published. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 06/16/2020 03:33 PM]
5/28/2020
  • Motion to Withdraw as CounselGranted
ORDER granting motion to withdraw as counsel filed by Jadzia Pierce for Amicus Curiae Center for Democracy & Technology. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 05/28/2020 11:37 AM]
5/27/2020
  • Motion
MOTION for Attorney Mallery-Jade "Jadzia" Pierce to withdraw as counsel filed by Amicus Curiae Center for Democracy & Technology in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 05/27/2020. [19-1582, 19-1583, 19-1625, 19-1626] (TBA) [Entered: 05/27/2020 03:58 PM]
4/16/2020NOTICE of filing the following transcript in district court by Court Reporter Richard Henry Romanow in 19-1582, 19-1625: 03/03/2020, Detention Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [19-1582, 19-1625] (RMK) [Entered: 04/16/2020 12:38 PM]
2/7/2020CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 02/07/2020. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 02/07/2020 02:59 PM]
1/9/2020CASE argued. Panel: Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and David J. Barron, Appellate Judge. Arguing attorneys: Randall Ernest Kromm for US, Judith H. Mizner for Nia Moore-Bush, Linda J. Thompson for Daphne Moore [19-1582, 19-1583, 19-1625, 19-1626] (DJT) [Entered: 01/09/2020 12:42 PM]
12/12/2019DESIGNATION of attorney presenting oral argument filed by Attorney Randall Ernest Kromm for Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 12/12/2019. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 12/12/2019 08:19 AM]
12/11/2019NINE (9) paper copies of reply brief [6303212-2] submitted by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (JMK) [Entered: 12/11/2019 03:07 PM]
12/11/2019DESIGNATION of attorney presenting oral argument filed by Attorney Judith H. Mizner for Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 12/11/2019. [19-1582, 19-1625] (JHM) [Entered: 12/11/2019 03:01 PM]
12/11/2019CERTIFICATE of service for electronically filed brief [6303200-2] filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 12/11/2019. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 12/11/2019 09:35 AM]
12/10/2019
  • Reply
REPLY BRIEF filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 12/10/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 12/13/2019. [19-1582, 19-1583, 19-1625, 19-1626] (AMM) [Entered: 12/10/2019 05:01 PM]
12/10/2019BRIEF tendered by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 12/10/2019 04:36 PM]
12/4/2019
  • Motion to Extend Time to File ReplyGranted
ORDER granting motion to extend time to file reply brief filed by Appellant US. Reply brief due 12/10/2019 for appellant United States. We are disinclined to grant a request for further enlargement of this deadline. [19-1582, 19-1583, 19-1625, 19-1626] (DO) [Entered: 12/04/2019 04:53 PM]
12/4/2019
  • Motion to Extend Time to File Brief
MOTION to extend time to file brief filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 12/04/2019. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 12/04/2019 03:17 PM]
11/27/2019CASE calendared: Thursday, 01/09/2020 AM Boston, MA Panel Courtroom. Designation form due 12/11/2019. [19-1582, 19-1583, 19-1625, 19-1626] (DJT) [Entered: 11/27/2019 12:59 PM]
11/25/2019NINE (9) paper copies of amicus brief [6299731-2] submitted by Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Massachusetts in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (JMK) [Entered: 11/26/2019 08:44 AM]
11/25/2019NOTICE of appearance on behalf of Movant(s) American Civil Liberties Union and American Civil Liberties Union of Massachusetts filed by Attorney Jessie J. Rossman. Certificate of service dated 11/25/2019. [19-1582, 19-1625] (JJR) [Entered: 11/25/2019 01:08 PM]
11/25/2019NOTICE of appearance on behalf of Movant(s) American Civil Liberties Union and American Civil Liberties Union of Massachusetts filed by Attorney Matthew R. Segal. Certificate of service dated 11/25/2019. [19-1582, 19-1625] (MRS) [Entered: 11/25/2019 01:05 PM]
11/22/2019NOTICE of appearance filed by Attorney Nathan Wessler for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Massachusetts in 19-1582, 19-1625. [19-1582, 19-1625] (CMP) [Entered: 11/22/2019 05:28 PM]
11/22/2019
  • Order
ORDER: Upon consideration, the assented-to motion for leave for Matthew R. Segal, Jessie J. Rossman, and Nathan Freed Wessler to enter appearances on behalf of amicus curiae American Civil Liberties Union and the American Civil Liberties Union of Massachusetts is allowed. Attorney Wessler's notice of appearance is accepted for filing as of this date. Attorney Segal and Attorney Rossman are directed to file corrected appearance forms on or before November 25, 2019. [19-1582, 19-1625] (CMP) [Entered: 11/22/2019 05:25 PM]
11/22/2019AMICUS CURIAE BRIEF filed by Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Massachusetts in 19-1582, 19-1583, 19-1625, 19-1626 in support of Appellee. Certificate of service dated 11/04/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/25/2019. [19-1582, 19-1583, 19-1625, 19-1626]. CLERK'S NOTE: Docket entry was edited to replace an attachment. (CMP) [Entered: 11/22/2019 05:20 PM]
11/22/2019
  • Order
ORDER: The American Civil Liberties Union and the American Civil Liberties Union of Massachusetts' assented to motion for leave to file an amicus brief in support of the appellees and affirmance is allowed, and the brief is accepted for filing this day. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 11/22/2019 05:13 PM]
11/22/2019CORPORATE disclosure statement filed by Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Massachusetts in 19-1582. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 11/22/2019 04:18 PM]
11/18/2019NOTICE of unavailability of counsel from 01/01/2020 to 01/07/2020 filed by Attorney Judith H. Mizner for Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 11/18/2019. [19-1582, 19-1625] (JHM) [Entered: 11/18/2019 03:01 PM]
11/13/2019
  • Motion to Extend Time to File ReplyGranted
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: The government's motion for an order extending the time for it to file its reply brief to December 6, 2019, is granted. Defendant Moore's renewed motion to expedite is denied. Argument in January 2020 is contemplated. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 11/13/2019 10:08 AM]
11/7/2019
  • Motion to Extend Time to File Reply
MOTION to extend time to file reply brief filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 11/07/2019. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 11/07/2019 12:14 PM]
11/5/2019
  • Motion
MOTION requesting leave for Attorney Matthew R. Segal, Jessie J. Rossman, Nathan Freed Wessler to enter an appearance filed by Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Massachusetts in 19-1582, 19-1625. Certificate of service dated 11/05/2019. [19-1582, 19-1625] (MRS) [Entered: 11/05/2019 04:51 PM]
11/4/2019
  • Motion to File Brief
MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) The American Civil Liberties Union and The American Civil Liberties Union of Massachusetts. Certificate of service dated 11/04/2019. [19-1582, 19-1583, 19-1625, 19-1626] (MRS) [Entered: 11/04/2019 07:25 PM]
11/4/2019SIX (6) paper copies of appellee/respondent brief [6292750-2] submitted by Appellee Nia Moore-Bush in 19-1582, 19-1625. [19-1582, 19-1625] (AMM) [Entered: 11/04/2019 04:30 PM]
10/31/2019NINE (9) paper copies of amicus brief [6293094-2] submitted by Amicus Curiae Center for Democracy & Technology in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (AMM) [Entered: 10/31/2019 11:39 AM]
10/30/2019BRIEFING schedule updated. Reply brief due 11/13/2019 for appellant United States. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 10/30/2019 09:00 AM]
10/29/2019AMICUS CURIAE BRIEF filed by Amicus Curiae Center for Democracy & Technology in 19-1582, 19-1583, 19-1625, 19-1626 in support of Appellees. Certificate of service dated 10/28/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/05/2019. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 10/29/2019 12:53 PM]
10/29/2019NOTICE of appearance on behalf of Movant(s) Center for Democracy & Technology filed by Attorney Trisha B. Anderson. Certificate of service dated 10/29/2019. [19-1582, 19-1583, 19-1625, 19-1626] (TBA) [Entered: 10/29/2019 12:22 PM]
10/29/2019CORPORATE disclosure statement filed by Movant Center for Democracy & Technology in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 10/29/2019 08:28 AM]
10/28/2019AMICUS CURIAE BRIEF tendered by Center for Democracy & Technology. [19-1582, 19-1583, 19-1625, 19-1626] (TBA) [Entered: 10/28/2019 05:47 PM]
10/28/2019APPELLEE'S BRIEF filed by Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 10/23/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/04/2019. Reply brief due 11/13/2019 for APPELLANT United States. [19-1582, 19-1625] (AMM) [Entered: 10/28/2019 01:02 PM]
10/23/2019BRIEF tendered by Appellee Nia Moore-Bush in 19-1582, 19-1625. [19-1582, 19-1625] (JHM) [Entered: 10/23/2019 11:58 PM]
10/22/2019
  • Motion to Extend Time to File BriefGranted
ORDER granting motion to extend time to file brief filed by Appellee Nia Moore-Bush. Brief due 10/23/2019 for appellee Nia Moore-Bush. [19-1582, 19-1625] (CMP) [Entered: 10/22/2019 08:11 AM]
10/21/2019
  • Motion to Extend Time to File Brief
MOTION to extend time to file brief filed by Appellee Nia Moore-Bush in 19-1582, 19-1625. Certificate of service dated 10/21/2019. [19-1582, 19-1625] (JHM) [Entered: 10/21/2019 09:34 PM]
9/25/2019NINE (9) paper copies of appellant/petitioner brief [6284739-2] submitted by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (JMK) [Entered: 09/26/2019 09:08 AM]
9/25/2019APPELLANT'S BRIEF filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 09/20/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/02/2019. Brief due 10/21/2019 for APPELLEE Nia Moore-Bush and Daphne Moore. [19-1582, 19-1583, 19-1625, 19-1626] (AMM) [Entered: 09/25/2019 09:12 AM]
9/20/2019BRIEF tendered by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 09/20/2019 06:43 PM]
9/20/2019APPENDIX filed by Appellant US. Number of volumes: 1. Number of copies: 5. Certificate of service dated 09/20/2019. [19-1582, 19-1583, 19-1625, 19-1626] (DK) [Entered: 09/20/2019 04:59 PM]
9/18/2019
  • Motion for ReconsiderationDenied
ORDER entered by Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron, Appellate Judge: The government's motion for reconsideration is denied. 19-1582. [19-1582, 19-1583, 19-1625, 19-1626] (DO) [Entered: 09/18/2019 05:37 PM]
9/18/2019
  • Motion for Reconsideration
MOTION to reconsider order [6282975-2] filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 09/18/2019. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 09/18/2019 03:26 PM]
9/18/2019
  • Order
ORDER entered by William J. Kayatta, Jr., Appellate Judge: The district court orders with respect to which the government seeks review entered on June 4 and June 5, 2019. The government's June 21, 2019, motion to extend time to file its docketing statements and transcript report/order forms was granted and the deadline was extended to July 25, 2019. A briefing schedule entered on July 31, 2019, which required the government to file its brief by September 9, 2019. On September 6, 2019, the eve of the briefing deadline, the government informed the court by motion that an additional thirty days was needed to file its brief in this set of consolidated cases in which both the public and defendants have a substantial interest in avoiding delay. The government's motion is granted in part and denied in part. The government shall file its opening brief by Friday, September 20, 2019. Defendant Moore's motion to dismiss and for other relief (in Nos. 19-1583 and 19-1626) is denied. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 09/18/2019 09:14 AM]
9/6/2019
  • Motion to Extend Time to File Brief
MOTION to extend time to file brief and appendix filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 09/06/2019. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 09/06/2019 03:21 PM]
7/31/2019BRIEFING schedule set. Brief due 09/09/2019 for appellant United States. Appendix due 09/09/2019 for appellant United States. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 07/31/2019 09:20 AM]
7/25/2019TRANSCRIPT report/order form filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626 indicating all necessary transcripts have already been filed in district court. Certificate of service dated 07/25/2019. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 07/25/2019 12:55 PM]
7/25/2019DOCKETING statement filed by Appellant US in 19-1582, 19-1583, 19-1625, 19-1626. Certificate of service dated 07/25/2019. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 07/25/2019 12:53 PM]
7/24/2019NOTICE of appearance on behalf of Appellant US in 19-1582, 19-1583, 19-1625, 19-1626 filed by Attorney Randall E. Kromm. Certificate of service dated 07/24/2019. [19-1582, 19-1583, 19-1625, 19-1626] (REK) [Entered: 07/24/2019 01:23 PM]
7/8/2019
  • OrderGranted
ORDER entered by David J. Barron, Appellate Judge: The government's motion to extend to July 25, 2019 the time for it to file its docketing statements and transcript report/order forms is granted. Defendant Moore's motion to expedite her appeal is denied without prejudice to renewal once the government files these forms. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 07/08/2019 12:15 PM]
7/3/2019MOTION to extend time to file a transcript report/order form filed by Appellant US in 19-1583, 19-1582, 19-1625, 19-1626. Certificate of service dated 07/03/2019. [19-1583, 19-1582, 19-1625, 19-1626] (KAW) [Entered: 07/03/2019 02:38 PM]
7/2/2019NOTICE of appearance on behalf of Appellant US in 19-1582, 19-1583, 19-1625, 19-1626 filed by Attorney Katharine A. Wagner. Certificate of service dated 07/02/2019. [19-1582, 19-1583, 19-1625, 19-1626] (KAW) [Entered: 07/02/2019 04:19 PM]
6/28/2019
  • Response
RESPONSE filed by Appellant US in 19-1626, 19-1582, 19-1583, 19-1625 to response and motion to expedite [6263277-2]. Certificate of service dated 06/28/2019. [19-1626, 19-1582, 19-1583, 19-1625] (AHB) [Entered: 06/28/2019 02:45 PM]
6/26/2019
  • Order
ORDER entered by Juan R. Torruella, Appellate Judge: The government is directed to file a response to defendant-appellee Moore's motion for expedited appeal by close of business onJune 28, 2019. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 06/26/2019 04:01 PM]
6/25/2019
  • Order
ORDER: Appeal Nos. 19-1582, 19-1625, 19-1583 and 19-1626 are consolidated for purposes of briefing and oral argument. See Fed. R. App. P. 3(b)(2). The parties are directed to use the above caption on all future filings related to these cases. [19-1582, 19-1583, 19-1625, 19-1626] (CMP) [Entered: 06/25/2019 03:49 PM]
6/24/2019NOTICE of appearance on behalf of Appellee Nia Moore-Bush in 19-1582 filed by Attorney Judith H. Mizner. Certificate of service dated 06/24/2019. [19-1582] CLERK'S NOTE: Document should not have been filed in additional case 19-1583. Correction made by clerk's office. No further action required. (JHM) [Entered: 06/24/2019 03:33 PM]
6/21/2019MOTION to extend time to file docketing statement and transcript report/order form filed by Appellant US in 19-1582, 19-1583. Certificate of service dated 06/21/2019. [19-1582, 19-1583] CLERK'S NOTE: Document should not have been filed in additional case 19-1626. Correction made by clerk's office. No further action required. (AHB) [Entered: 06/21/2019 05:21 PM]
6/21/2019NOTICE of appearance on behalf of Appellant US in 19-1582 filed by Attorney Amy Harman Burkart. Certificate of service dated 06/21/2019. [19-1582] CLERK'S NOTE: Document should not have been filed in additional cases 19-1625, 19-1626. Correction made by clerk's office. No further action required. (AHB) [Entered: 06/21/2019 05:13 PM]
6/21/2019NOTICE of appearance on behalf of Appellant US in 19-1626, 19-1583 filed by Attorney Amy Harman Burkart. Certificate of service dated 06/21/2019. [19-1626, 19-1582, 19-1583, 19-1625] (AHB) [Entered: 06/21/2019 05:11 PM]
6/12/2019
  • Motion to Consolidate
ORDER consolidating cases for purposes of briefing and oral argument. The following case(s) are consolidated: 19-1583 (Consolidated started 06/12/2019) with 19-1582. [19-1582, 19-1583] (CMP) [Entered: 06/12/2019 02:19 PM]
6/10/2019CRIMINAL CASE docketed. Notice of appeal (doc. #427) filed by Appellant US. Docketing Statement due 06/24/2019. Transcript Report/Order form due 06/24/2019. Appearance form due 06/24/2019. [19-1582] (CMP) [Entered: 06/10/2019 01:25 PM]