USA v. Jose Medina-Mora

14-1243 | U.S. Court of Appeals, Seventh Circuit

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Filed Feb. 5, 2014
Terminated Aug. 5, 2015
Judges POSNER, KANNE, and HAMILTON
Original Case 1:08-cr-01021-1
Last Updated: 9 years, 6 months ago Show Interactive Timeline
Filing Date # Docket Text
8/5/2015FOR COURT USE ONLY: Certified copy of 08/05/2015 Opinion with Mandate sent to the District Court Clerk. [6682897-2] [6682897] [14-1243, 14-1420] (MM)
8/5/2015Mandate issued. No record to be returned. [53] [6682881] [14-1243, 14-1420] (MM)
8/5/2015
  • Order
ORDER: Final judgment filed per opinion. With costs: no. [52] [6682863] [14-1243, 14-1420] (MM)
8/5/2015Filed opinion of the court by Judge Hamilton. The denial of Medina-Mora’s Rule 36 motion is hereby REVERSED. With the correction of the clerical error, Medina-Mora may be entitled to release from Bureau of Prisons custody either immediately or in the very near future (though he is subject to a detainer from immigration authorities). To avoid further delay, we therefore ourselves direct the clerk of the district court to correct the clerical error. See United States v. Pulley, 601 F.3d 660, 668 n.4 (7th Cir. 2010). The clerk shall amend the judgment in this case to reflect that Medina-Mora’s federal sentence was to run concurrently with the undischarged state sentences he was subject to at the time of his federal sentencing. The mandate shall issue immediately and the clerk of the district court shall immediately notify the Bureau of Prisons of the correction so that Medina-Mora’s correct release date may be determined as soon as possible. Richard A. Posner, Circuit Judge; Michael S. Kanne, Circuit Judge and David F. Hamilton, Circuit Judge. [51] [6682858] [14-1243, 14-1420] --[Edited 08/05/2015 by MM to remove extra language within docket text.] (MM)
8/4/2015Filed post argument memorandum by Appellee USA in 14-1243, 14-1420. [50] [6682455] [14-1243, 14-1420] (Harjani, Sunil)
8/4/201549Case argued by Zachary C. Schauf for Appellant Jose Miguel Medina-Mora and Mr. Sunil R. Harjani for Appellee USA in 14-1243, 14-1420. [49] [6682408] [14-1243, 14-1420]--[Edited 08/04/2015 by SK] (SK)
8/4/201548Case heard and taken under advisement by panel: Richard A. Posner, Circuit Judge; Michael S. Kanne, Circuit Judge and David F. Hamilton, Circuit Judge. [48] [6682403] [14-1243, 14-1420] (SK)
7/6/2015Appellant's reply brief filed by Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420. Paper copies due on 07/13/2015 Electronically Transmitted. [47] [6675302] [14-1243, 14-1420] (RT)
7/6/2015Submitted appellant reply brief by Barry Levenstam for Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420. [46] [6675249] [14-1243, 14-1420] (Levenstam, Barry)
6/26/2015Received argument confirmation from Zachary C. Schauf for Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420. [45] [6673478] [14-1243, 14-1420] (Levenstam, Barry)
6/25/2015Received argument confirmation from Sunil R. Harjani for Appellee USA in 14-1243, 14-1420. [44] [6673309] [14-1243, 14-1420] (Harjani, Sunil)
6/25/2015Argument set for Tuesday, August 4, 2015, at 9:30 a.m. in the Main Courtroom, Room 2721. Each side limited to 10 minutes. [43] [6673048] [14-1243, 14-1420] (SK)
6/19/2015
  • Motion to Extend Time to File ReplyGranted
Order issued GRANTING motion to extend time to file appellant's reply brief. [41] Appellant's reply brief, if any, is due on or before 07/13/2015 for Appellant Jose Miguel Medina-Mora. CMD [42] [6671703] [14-1243, 14-1420] (MM)
6/19/2015
  • Motion
Motion filed by Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420 to extend time to file appellant reply brief. [41] [6671680] [14-1243, 14-1420] (Levenstam, Barry)
6/16/2015NOTICE: Attorney Barry Levenstam for Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420 will not be available for oral argument July 7th through July 8th, 2015, August 7th and August 10th, 2015, September 21st through October 16th, 2015, November 12th and November 13th, 2015, November 23rd through November 27th, 2015, and December 21st through December 31st, 2015. [40] [6670768] [14-1243, 14-1420] (Levenstam, Barry)
6/16/2015NOTICE: Attorney Mr. Sunil R. Harjani for Appellee USA in 14-1420, 14-1243 will not be available for oral argument June 29--July 6, 2015 August 19--24, 2015 October 26--November 6, 2015 December 21--31, 2015. [39] [6670701] [14-1420, 14-1243] (Harjani, Sunil)
6/15/2015Appellee's brief filed by Appellee USA in 14-1243, 14-1420. Paper copies due on 06/23/2015 Electronically Transmitted. [38] [6670524] [14-1243, 14-1420] (GW)
6/15/2015Submitted appellee brief by SUNIL R. HARJANI for Appellee USA in 14-1243, 14-1420. [37] [6670498] [14-1243, 14-1420] (Harjani, Sunil)
4/28/2015NOTICE: Attorney Barry Levenstam for Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420 will not be available for oral argument July 7 through July 8, 2015, August 7 and August 10, 2015, and September 21 through October 11, 2015. [36] [6658985] [14-1243, 14-1420] (Levenstam, Barry)
4/27/2015
  • Motion to Extend Time to File BriefGranted
Order issued GRANTING motion to extend time to file appellee's brief. [33] Appellee's brief due on or before 06/15/2015 for United States of America. Appellant's reply brief, if any, is due on or before 06/29/2015 for Appellant Jose Miguel Medina-Mora. CMD [35] [6658560] [14-1243, 14-1420] (CAG)
4/27/2015NOTICE: Attorney Mr. Sunil R. Harjani for Appellee USA in 14-1243 will not be available for oral argument - June 29th through July 6, 2015 - August 19th through August 24, 2015. [34] [6658498] [14-1420, 14-1243] (Harjani, Sunil)
4/27/2015
  • Motion
Motion filed by Appellee USA in 14-1420 to extend time to file the response [33] [6658495] [14-1243, 14-1420] (Harjani, Sunil)
4/8/2015Appellant's brief filed by Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420. Paper copies due on 04/16/2015 Electronically Transmitted. [32] [6654079] [14-1243, 14-1420] (SK)
4/8/2015Submitted appellant brief by Barry Levenstam for Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420. [31] [6654012] [14-1243, 14-1420] (Levenstam, Barry)
2/23/2015Disclosure Statements filed by Attorney Barry Levenstam, Matthew S. Hellman, and Zachary C. Schauf for Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420. [30] [6643006] (L-Yes; E-Yes; R-No) [14-1243, 14-1420] (Levenstam, Barry)
1/15/2015
  • Order
ORDER: Pursuant to this court’s order of November 19, 2014, attorney Barry Levenstam is appointed to represent defendant-appellant Jose Miguel Medina-Mora pursuant to the provisions of the Criminal Justice Act. Counsel is directed to contact the defendant-appellant immediately. Briefing shall proceed as follows:Briefing will proceed as follows: 1. Appellant's brief due on or before 04/15/2015 for Jose Miguel Medina-Mora. 2. Appellee's brief due on or before 05/15/2015 for United States of America. 3. Appellant's reply brief, if any, is due on or before 05/29/2015 for Appellant Jose Miguel Medina-Mora. [29] [6634820] [14-1243, 14-1420] (CD)
11/19/2014
  • Order
Order: After reviewing the appellant’s pro se brief, the appellee’s response brief, and the record on appeal, we have concluded that new briefs and oral argument would benefit the court. See FED. R. APP. P. 34(a)(2)(C). Accordingly, we have decided to recruit counsel for appellant Jose Medina-Mora. The briefs previously filed in the appeal are STRICKEN. An order designating counsel and setting a briefing schedule will follow. [28] [6622323] [14-1243, 14-1420] (AD)
7/31/2014Appearance form filed by Attorney SUNIL R. HARJANI for Appellee USA in 14-1243, 14-1420. [27] [6594575] (L-Yes; E-Yes; R-No) [14-1243, 14-1420] (Harjani, Sunil)
7/8/2014
  • Motion to Extend Time to File ReplyGranted
Order issued GRANTING motion to extend time to file appellant's reply brief. [25] Appellant's reply brief, if any, is due on or before 08/08/2014 for Appellant Jose Miguel Medina-Mora. CMD [26] [6588538] [14-1243, 14-1420] (SM)
7/7/2014
  • Motion
Pro se motion filed by Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420 to extend time to file appellant's reply brief. [25] [6588199] [14-1243, 14-1420] (EF)
7/2/201424Supplemental record on appeal filed electronically. Contents of record : 1 sealed documents. [24] [6587447] [14-1420, 14-1243]--[Edited 07/03/2014 by NR] (SP)
6/26/2014Notice to the District Court to transmit the supplemental record consisting of Doc. 63. Supplemental Record on Appeal due by 07/10/2014 [23] [6585970] [14-1243, 14-1420] (SK)
6/19/2014NOTICE: Attorney Mr. Sunil R. Harjani for Appellee USA in 14-1420 will not be available for oral argument July 14 through July 22, 2014 August 14 through August 15, 2014 October 6 through October 14, 2014. [22] [6584451] [14-1243, 14-1420] (Harjani, Sunil)
6/18/2014Appellee's brief filed by Appellee USA in 14-1243, 14-1420. Paper copies due on 06/25/2014 Electronically Transmitted. [21] [6583894] [14-1243, 14-1420]--[Edited 11/19/2014 by AD] STRICKEN, per the court's 11/19/14 order. (NR)
6/18/2014Submitted appellee brief by SUNIL R. HARJANI for Appellee USA in 14-1243, 14-1420. [20] [6583856] [14-1243, 14-1420] (Harjani, Sunil)
4/21/201410 copies of Appellant's brief filed by Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420. Disk not required. [19] [6570054] [14-1243, 14-1420]--[Edited 11/19/2014 by AD] STRICKEN, per the court's 11/19/14 order. (JO)
4/18/2014
  • Motion to Appoint CounselDenied
ORDER re: "Motion for Appointment of Counsel Pursuant to 18 U.S.C. 3006A." The motion for appointment of counsel is DENIED. See Pruitt v. Mote, 503 F.3d 647 (7th Cir. 2007) (en banc); Farmer v. Haas, 990 F.2d 319, 321 (7th Cir. 1993). Briefing in this appeal will proceed as follows: [16] Appellant's consolidated brief due on or before 05/19/2014 for Jose Miguel Medina-Mora. Appellee's consolidated brief due on or before 06/18/2014 for United States of America. Appellant's consolidated reply brief, if any, is due on or before 07/02/2014 for Appellant Jose Miguel Medina-Mora. JKL [18] [6569388] [14-1243, 14-1420] (SM)
3/26/2014
  • Order
Order: The court, on its own motion, orders that briefing is SUSPENDED pending a ruling on the appellant's motion for appointment of counsel. DS [17] [6562516] [14-1243, 14-1420] (DS)
3/26/2014
  • Motion
Pro se motion filed by Appellant Jose Miguel Medina-Mora in 14-1243, 14-1420 for appointment of counsel. [16] [6562436] [14-1243, 14-1420] (DS)
3/14/201415Filed electronic transcript of proceedings held on 8/11/09. [15] [6559769] THIS TRANSCRIPT IS FOR INTERNAL COURT USE ONLY. Remote electronic access to the transcript is ONLY available through the District Court's PACER system. [14-1420] (RT)
3/14/2014Original record on appeal filed electronically. Contents of record : 4 vol. of pleadings. [14] [6559768] [14-1420] (RT)
3/11/2014
  • Order
ORDER: The court, on its own motion, orders that these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: 1. The defendant-appellant shall file his consolidated brief and required short appendix on or before April 14, 2014. 2. The plaintiff-appellee shall file its consolidated brief on or before May 14, 2014. 3. The defendant-appellant shall file his consolidated reply brief, if any, on or before May 28, 2014. DW [13] [6558703] [14-1243, 14-1420] (SM)
3/11/2014
  • Order
ORDER re: Response to Jurisdictional memorandum. This appeal shall proceed to briefing. The briefing schedule will be set by separate court order. DW [6558697] [14-1243] (AM)
3/11/2014Filed Response by Appellee USA in 14-1243, 14-1420 Attorney Sunil R. Harjani to Jurisdictional Memorandum. [11][6558606] [14-1243, 14-1420] (Harjani, Sunil)
3/3/2014Docketing statement filed by Appellant Jose Miguel Medina-Mora. Prior or Related proceedings: No. [10] [6556340] [14-1243] (DS)
2/25/2014
  • Motion to Extend Time to File ResponseGranted
Order issued GRANTING motion to extend time to file response. [8] Response due for Appellee United States of America by 03/11/2014.CMD [9] [6555113] [14-1243] (CD)
2/25/2014
  • Motion
Motion filed by Appellee USA to extend time to file it's response. [8] [6555089] [14-1243] (Harjani, Sunil)
2/25/2014
  • Order
ORDER: Filed clerk's notice to Appellee USA to file a response to appellant's BRIEF IN RESPONSE TO COURT'S ORDER TO STATE WHY THIS APPEAL SHOULD BE NOT DISMISSED BECAUSE IT IS UNTIMELY, addressing the timeliness issue raised in the court's order of 2/5/14. Response due for Appellee United States of America by 03/04/2014. DW [7] [6554865] [14-1243] (CD)
2/25/20146Filed electronic transcript of proceedings held on 8/11/2009. [6] [6554856] THIS TRANSCRIPT IS FOR INTERNAL COURT USE ONLY. Remote electronic access to the transcript is ONLY available through the District Court's PACER system. [14-1243] (LJ)
2/25/2014Original record on appeal filed electronically. Contents of record : 3 vol. of pleadings. [5] [6554852] [14-1243] (LJ)
2/24/2014Brief in response to Court's order to state why this appeal should not be dismissed because it is intimely filed by Appellant Jose Miguel Medina-Mora. [4] [6554640] [14-1243] (EF)
2/19/2014
  • Order
ORDER: Appellant Jose Miguel Medina-Mora is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. CC. Docketing statement response due for Appellant Jose Miguel Medina-Mora by 03/05/2014. Sent Certified Mail. Receipt Number: 7012 3460 0000 9173 2814. [3] [6553560] [14-1243] (DS)
2/5/2014
  • Order
ORDER: Appellant Jose Miguel Medina-Mora shall file a brief memorandum stating why this appeal should not be dismissed because it is untimely. Briefing is SUSPENDED pending further court order. (See order for further details) [6550283] DW Jurisdictional memorandum due for Appellant Jose Miguel Medina-Mora by 02/19/2014. [2] [6550283] [14-1243] (ER)
2/5/2014Criminal case docketed. IFP. Docketing Statement due for Appellant Jose Miguel Medina-Mora by 02/10/2014. Appellant's brief due on or before 03/17/2014 for Jose Miguel Medina-Mora. Record on Appeal from Northern District of Illinois, Eastern Division due by 02/26/2014. Transcript information sheet due by 02/19/2014. [1] [6550179] [14-1243] (AM)