USA v. Mark Wilson

21-50158 | U.S. Court of Appeals, Ninth Circuit

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Filed July 7, 2021
Terminated June 16, 2022
Original Case 2:04-cr-00476
Last Updated: 1 year, 7 months ago Show Interactive Timeline
Filing Date # Docket Text
7/8/2022MANDATE ISSUED. (BGS, PJW and DJF) [12489101] (NAC) [Entered: 07/08/2022 07:26 AM]
6/21/2022Filed Appellant Mark Eldon Wilson supplemental brief & response to government's reply for summary affirmance. Dated 06/10/2022. Paper filing deficiency: Case clsoed. [12477445] (RL) [Entered: 06/22/2022 02:30 PM]
6/16/2022Filed order (BARRY G. SILVERMAN, PAUL J. WATFORD and DANIELLE J. FORREST) Appellee’s motion (Docket Entry No. [16]) to summarily affirm the district court’s order denying appellant’s motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) is granted. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (stating standard). Contrary to appellant’s contention, the record reflects that the district court considered his arguments in support of his motion for compassionate release. Given the facts of this case, the court did not abuse its discretion in concluding that appellant had failed to demonstrate extraordinary and compelling reasons for release, and that the 18 U.S.C. § 3553(a) factors did not support relief. See United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021). AFFIRMED. [12473668] (OC) [Entered: 06/16/2022 04:57 PM]
6/3/2022Filed (ECF) Appellee USA reply to response (). Date of service: 06/03/2022. [12462682] [21-50158] (Hsieh, Roger) [Entered: 06/03/2022 09:12 AM]
5/27/2022ENTRY UPDATED. Filed Appellant Mark Eldon Wilson supplemental brief & response to the government's motion for summary affirmance. Served on 05/20/2022. [12458726][12458726]--[Edited 06/03/2022 by RL] (RL) [Entered: 05/27/2022 03:15 PM]
5/12/202217Filed (ECF) presentence report UNDER SEAL by Appellee USA. [12445781] [21-50158] (Hsieh, Roger) [Entered: 05/12/2022 03:50 PM]
5/12/2022Filed (ECF) Appellee USA Motion for summary affirmance. Date of service: 05/12/2022. [12445778] [21-50158] (Hsieh, Roger) [Entered: 05/12/2022 03:49 PM]
4/7/202215Streamlined request [14] by Appellee USA to extend time to file the brief is approved. Amended briefing schedule: Appellee brief due 05/13/2022 for United States of America. The optional reply brief is due 21 days from the date of service of the answering brief. [12415382] (JN) [Entered: 04/07/2022 04:01 PM]
4/7/202214Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 05/13/2022. [12415098] [21-50158] (Hsieh, Roger) [Entered: 04/07/2022 01:58 PM]
3/11/2022Filed original and 0 copies of Appellant Mark Eldon Wilson opening brief of 30 pages (Informal: No). Served by Court via CM/ECF on 03/11/2022. [12392734] (LA) [Entered: 03/11/2022 01:43 PM]
1/25/2022Filed clerk order (Deputy Clerk: LBS): Appellant’s motion (Docket Entry No. [11]) for an extension of time to file the opening brief is granted. The opening brief is due March 14, 2022. The answering brief is due April 13, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12351247] (OC) [Entered: 01/25/2022 04:57 PM]
1/24/2022Filed Appellant Mark Eldon Wilson motion for a 30 day extension form February 14, 2022 brief deadline to March 14, 2022. Deficiencies: None. Served on 01/17/2022. [12349582] (RL) [Entered: 01/24/2022 04:53 PM]
12/7/2021Filed order (DIARMUID F. O'SCANNLAIN and SIDNEY R. THOMAS) Appellant’s motion for appointment of counsel (Docket Entry No. [9]) is denied. No motions for reconsideration, clarification, or modification of this denial will be entertained. The briefing schedule is reset as follows: appellant’s pro se opening brief is due February 14, 2022; appellee’s answering brief and supplemental excerpts of record are due March 16, 2022; and the optional pro se reply brief is due within 21 days after service of the answering brief. If appellant does not file a timely pro se opening brief, the appeal may be dismissed for failure to prosecute. See 9th Cir. R. 42-1. [12308934] (OC) [Entered: 12/07/2021 03:07 PM]
11/12/2021Filed Appellant Mark Eldon Wilson motion requesting the appointment of counsel due to my medical emergency & health problems. Deficiencies: None. Served on 11/05/2021. [12287001] (RL) [Entered: 11/15/2021 11:18 AM]
11/10/2021Filed clerk order (Deputy Clerk: LBS): Appellant’s motion (Docket Entry No. [7]) for an extension of time to file the opening brief is granted. The opening brief is due December 20, 2021. The answering brief is due January 19, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12284286] (OC) [Entered: 11/10/2021 01:04 PM]
11/8/2021Filed Appellant Mark Eldon Wilson motion requesting an extension of 30 days due to a medical emergency. Deficiencies: None. Served on 11/02/2021. [12281481] (RL) [Entered: 11/08/2021 02:34 PM]
10/8/2021
  • Motion to Stay ProceedingsDenied
Filed clerk order (Deputy Clerk: KH): Appellant’s motion to stay appellate proceedings (Docket Entry No. [5]) is denied. Appellant is informed that he is proceeding in forma pauperis on appeal and is not required to pay fees. Because appellant is proceeding without counsel, he is responsible for preparing a pro se brief stating, in his own words, why he believes the district court’s decision was incorrect. Appellant’s pro se opening brief is due on November 18, 2021. Appellant is not required to submit excerpts of record. See 9th Cir. R. 30-1.3. Appellee’s answering brief and supplemental excerpts of record are due December 20, 2021. The supplemental excerpts of record must contain all of the documents that are cited in appellant’s pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in appellee’s brief. See 9th Cir. R. 30-1.3. Appellant’s optional pro se reply brief is due within 21 days after service of the answering brief. If appellant does not file a timely pro se opening brief, the appeal will be dismissed for failure to prosecute. See 9th Cir. R. 42-1. [12252312] (OC) [Entered: 10/08/2021 01:50 PM]
9/21/2021Filed Appellant Mark Eldon Wilson motion requesting a stay of the appeal process. Deficiencies: None. Served on 09/14/2021. [12234926] (RL) [Entered: 09/21/2021 02:32 PM]
8/25/20214Deleted Incorrect Entry (Order will be docketed in the Correct Case No. 18-71844) [12211581] (OC) [Entered: 08/25/2021 02:50 PM]
8/25/2021Filed clerk order (Deputy Clerk: LBS): Appellant’s motion (Docket Entry No. [2]) for an extension of time to file the opening brief is granted. The opening brief is due October 7, 2021. The answering brief is due November 8, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12211343] (OC) [Entered: 08/25/2021 01:12 PM]
8/23/2021Filed Appellant Mark Eldon Wilson motion to extend time to file appellant opening brief. Deficiencies: None. [12208751] (JFF) [Entered: 08/23/2021 01:45 PM]
7/7/2021DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. Reporters Transcript required: Yes. Sentence imposed: 135 months. Appellant Mark Eldon Wilson opening brief due 09/07/2021. Appellee United States of America answering brief due 10/04/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12165465] (JMR) [Entered: 07/07/2021 03:18 PM]