USA v. Lacarl Dow

22-10200 | U.S. Court of Appeals, Ninth Circuit

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Filed Aug. 16, 2022
Terminated Sept. 15, 2023
Judges WALLACE, BOGGS, and FORREST
Original Case 3:19-cr-00138
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Filing Date # Docket Text
9/15/2023Opinion (Criminal)
9/15/2023FILED MEMORANDUM DISPOSITION (J. CLIFFORD WALLACE, DANNY J. BOGGS and DANIELLE J. FORREST) AFFIRMED. FILED AND ENTERED JUDGMENT. [12792897] (MM) [Entered: 09/15/2023 09:03 AM]
9/13/202336SUBMITTED ON THE BRIEFS TO J. CLIFFORD WALLACE, DANNY J. BOGGS and DANIELLE J. FORREST. [12791936] (DB) [Entered: 09/13/2023 05:00 PM]
8/21/2023Filed clerk order (Deputy Clerk: MCD): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. This case shall be submitted on the briefs and record, without oral argument, on September 13, 2023, in San Francisco, California. Fed. R. App. P. 34(a)(2). [12777509] (AF) [Entered: 08/21/2023 10:04 AM]
8/15/202334Filed (ECF) Acknowledgment of hearing notice by Attorney Elizabeth Ann Kim for Appellant Lacarl Dow. Hearing in San Francisco on 09/13/2023 at 9:00 a.m. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/15/2023. [12774135] [22-10200] (Kim, Elizabeth) [Entered: 08/15/2023 09:01 AM]
8/14/202333Filed (ECF) Acknowledgment of hearing notice by Attorney Dan M. Karmel for Appellee USA. Hearing in San Francisco on 09/13/2023 at 09:00 A.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/14/2023. [12773451] [22-10200] (Karmel, Dan) [Entered: 08/14/2023 12:09 PM]
7/3/2023Authorization for CJA attorney Mr. Robert Frederick Waggener for Lacarl Dow to travel to San Francisco to attend oral argument on 09/13/2023. See attached letter for details. [12747510] (CSR) [Entered: 07/03/2023 08:25 AM]
7/3/2023Authorization for CJA attorney Elizabeth Ann Kim for Lacarl Dow to travel to San Francisco to attend oral argument on 09/13/2023. See attached letter for details. [12747507] (CSR) [Entered: 07/03/2023 08:23 AM]
7/3/2023Authorization for CJA attorney Ms. Miranda Beth Kane for Lacarl Dow to travel to San Francisco to attend oral argument on 09/13/2023. See attached letter for details. [12747505] (CSR) [Entered: 07/03/2023 08:21 AM]
7/2/202329Notice of Oral Argument on Wednesday, September 13, 2023 - 09:00 A.M. - Courtroom 3 - Scheduled Location: San Francisco CA.
The hearing time is the local time zone at the scheduled hearing location.

View the Oral Argument Calendar for your case here.

NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.

Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.

Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Wednesday, September 13, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12747409]. [22-10200] (KS) [Entered: 07/02/2023 06:10 AM]
6/8/2023Filed (ECF) Attorney Elizabeth Ann Kim for Appellant Lacarl Dow response to notice for case being considered for oral argument. Date of service: 06/08/2023. [12731893] [22-10200] (Kim, Elizabeth) [Entered: 06/08/2023 01:37 PM]
6/6/202327This case is being considered for an upcoming oral argument calendar in San Francisco

Please review the San Francisco sitting dates for September 2023 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

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 letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12729344]. [22-10200] (KS) [Entered: 06/06/2023 08:51 AM]
5/9/2023Filed (ECF) Attorney Elizabeth Ann Kim for Appellant Lacarl Dow response to notice for case being considered for oral argument. Date of service: 05/09/2023. [12712344] [22-10200] (Kim, Elizabeth) [Entered: 05/09/2023 02:46 PM]
5/4/202325This case is being considered for an upcoming oral argument calendar in San Francisco

Please review the San Francisco sitting dates for August 2023 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

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 letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12709187]. [22-10200] (KS) [Entered: 05/04/2023 03:01 PM]
4/11/202324Received 6 paper copies of Reply Brief [20] filed by Lacarl Dow. [12693674] (SD) [Entered: 04/11/2023 03:11 PM]
4/11/202323Received 3 paper copies of further excerpts of record [21] in 1 volume(s) filed by Appellant Lacarl Dow. [12693672] (SD) [Entered: 04/11/2023 03:10 PM]
4/11/2023Filed clerk order: The reply brief [20] submitted by Lacarl Dow is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The further excerpts of record [21] submitted by Lacarl Dow are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12693152] (LA) [Entered: 04/11/2023 10:24 AM]
4/10/2023Submitted (ECF) further excerpts of record. Submitted by Appellant Lacarl Dow. Date of service: 04/10/2023. [12692741] [22-10200]--[COURT UPDATE: Attached corrected excerpts. 04/11/2023 by LA] (Kane, Miranda) [Entered: 04/10/2023 04:21 PM]
4/10/2023Submitted (ECF) Reply Brief for review. Submitted by Appellant Lacarl Dow. Date of service: 04/10/2023. [12692735] [22-10200]--[COURT UPDATE: Attached corrected PDF. 04/11/2023 by LA] (Kane, Miranda) [Entered: 04/10/2023 04:19 PM]
3/27/202319Filed Appellant Lacarl Dow 4 copies of USB drives containing video exhibits. Sent to records. [12682805] (KT) [Entered: 03/27/2023 03:13 PM]
3/21/2023Filed clerk order (Deputy Clerk: HEG): Appellant’s unopposed motion pursuant to 9th Cir. R. 27-14 (Docket Entry No. [7]) for leave to transmit to this court a copy of the videos attached as Exhibit A to the Declaration of Dan Karmel, which the government lodged with the district court in connection with appellant’s motion to suppress and request for Franks hearing, is granted. Counsel shall submit four copies of the videos within seven days after the date of this order. [12678728] (AF) [Entered: 03/21/2023 02:22 PM]
3/3/202317Streamlined request [16] by Appellant Lacarl Dow to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: the optional reply brief is due 04/10/2023. [12666794] (DLM) [Entered: 03/03/2023 12:04 PM]
3/3/202316Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Lacarl Dow. New requested due date is 04/07/2023. [12666589] [22-10200] (Kim, Elizabeth) [Entered: 03/03/2023 09:57 AM]
2/24/202315Received 6 paper copies of Answering Brief [12] filed by USA. [12661403] (SD) [Entered: 02/24/2023 03:47 PM]
2/23/202314Criminal Justice Act electronic voucher created. (Counsel: Ms. Miranda Beth Kane for Lacarl Dow) [12659638] (AEW) [Entered: 02/23/2023 10:23 AM]
2/17/2023Filed clerk order: The answering brief [12] submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12655524] (LA) [Entered: 02/17/2023 09:13 AM]
2/16/2023Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 02/16/2023. [12655324] [22-10200] (Karmel, Dan) [Entered: 02/16/2023 04:58 PM]
1/10/202311Streamlined request [10] by Appellee USA to extend time to file the brief is approved. Amended briefing schedule: Appellee brief due 02/16/2023 for United States of America. The optional reply brief is due 21 days from the date of service of the answering brief. [12627599] (DLM) [Entered: 01/10/2023 03:29 PM]
1/10/202310Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 02/16/2023. [12627117] [22-10200] (Karmel, Dan) [Entered: 01/10/2023 11:53 AM]
12/21/20229Received 3 paper copies of excerpts of record [5] in 3 volume(s) and index volume filed by Lacarl Dow. [12615849] (NAR) [Entered: 12/21/2022 02:11 PM]
12/21/20228Received 6 paper copies of Opening Brief [4] filed by Lacarl Dow. [12615846] (NAR) [Entered: 12/21/2022 02:11 PM]
12/19/2022Filed (ECF) Appellant Lacarl Dow Motion to transmit exhibit. Date of service: 12/19/2022. [12613983] [22-10200] (Kane, Miranda) [Entered: 12/19/2022 01:51 PM]
12/16/2022Filed clerk order: The opening brief [4] submitted by Lacarl Dow is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [5] submitted by Lacarl Dow are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12612810] (LA) [Entered: 12/16/2022 03:04 PM]
12/15/2022Submitted (ECF) excerpts of record. Submitted by Appellant Lacarl Dow. Date of service: 12/15/2022. [12611766] [22-10200]--[COURT UPDATE: Attached corrected excerpts. 12/16/2022 by LA] (Kane, Miranda) [Entered: 12/15/2022 02:47 PM]
12/15/2022Submitted (ECF) Opening Brief for review. Submitted by Appellant Lacarl Dow. Date of service: 12/15/2022. [12611762] [22-10200]--[COURT UPDATE: Attached corrected PDF. 12/16/2022 by LA] (Kane, Miranda) [Entered: 12/15/2022 02:43 PM]
11/2/20223Streamlined request [2] by Appellant Lacarl Dow to extend time to file the brief is approved. Amended briefing schedule: Appellant briefs and excerpts due by 12/15/2022 for Lacarl Dow. Appellee brief due 01/17/2023 for United States of America. The optional reply brief is due 21 days from the date of service of the answering brief. [12579076] (DLM) [Entered: 11/02/2022 04:05 PM]
11/2/20222Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Lacarl Dow. New requested due date is 12/15/2022. [12579046] [22-10200] (Kim, Elizabeth) [Entered: 11/02/2022 03:48 PM]
8/16/2022DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: TIME SERVED. Transcript ordered by 09/06/2022. Transcript due 10/06/2022. Appellant briefs and excerpts due by 11/15/2022 for Lacarl Dow. Appellee brief due 12/15/2022 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [12518351] (ABT) [Entered: 08/16/2022 04:26 PM]